The criminal offense of unlawful assembly generally means the assembly of multiple persons resulting in conduct that (1) is intended to commit a breach of the peace or other unlawful act; (2) creates an immediate danger of damage to property or injury to persons; (3) substantially obstructs law enforcement or other governmental functions or services; (4) is tumultuous or violent and likely to cause public alarm; or (5) deprives any person of a legal right or disturbs any person in the enjoyment of a legal right by using force or the threat of force.

Unlawful assembly laws vary from state to state and some states have related offenses such as rioting, riots and routs, participating in a riot, inciting a riot, failing to disperse, and disturbing the peace. The criminal offense of unlawful assembly may be included in the definition of one or more of these offenses or may be a separate criminal offense. These laws are generally located in a state’s statutes—often in the penal or criminal code.

In Vermont, the criminal offense of unlawful assembly is addressed under Vermont Statutes Title 13 (Crimes and Criminal Procedure), specifically in Chapter 11 regarding Riots, Noise and Other Disorders. According to Vermont law, an unlawful assembly can be defined as a group of people who come together with the intent to commit a breach of the peace or any other unlawful act. The law also covers situations where the assembly may create an immediate danger to persons or property, substantially obstruct law enforcement or other governmental functions, or be violent or tumultuous in a way that causes public alarm. Additionally, if the assembly results in depriving someone of a legal right or disturbing someone in the enjoyment of a legal right through force or threat of force, it may also be considered unlawful. Penalties for participating in an unlawful assembly can include fines and imprisonment, and the severity of the punishment can vary depending on the specific circumstances and whether other offenses, such as rioting or inciting a riot, are also charged.