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 West Virginia, the criminal offense of unlawful assembly is addressed under the state's penal code. Specifically, the West Virginia Code §61-6-1 defines 'unlawful assembly' as a gathering of five or more persons with the intent to commit a breach of the peace, or where any such person unlawfully uses force or violence against another person or property, or threatens to commit such action that is likely to terrorize or alarm the public. West Virginia law also includes related offenses such as rioting (§61-6-2), obstructing an officer (§61-5-17), and failure to disperse (§61-6-11), which cover various aspects of conduct during assemblies that may lead to breaches of peace or hinder law enforcement. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the conduct and the specific charges brought against the individuals involved.