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 Wyoming, the criminal offense of unlawful assembly is addressed under Wyoming Statutes Title 6. Crimes and Offenses, specifically in Chapter 6, Offenses Against Public Peace. According to Wyoming law, an unlawful assembly occurs when three or more persons assemble with the intent to engage in conduct that would constitute a riot, or when they execute such conduct in a violent or tumultuous manner, thereby creating a clear and present danger of immediate violence. The statutes also cover related offenses such as rioting and disturbing the peace. The offense of rioting is defined as a gathering of three or more persons acting with common intent resulting in conduct creating an immediate danger of damage to property or injury to persons, or substantially obstructing law enforcement or any other governmental function. Penalties for participating in an unlawful assembly or riot can include fines, imprisonment, or both, depending on the severity of the offense and the presence of any aggravating factors. It is important for individuals to understand that exercising the right to peaceful assembly is protected by the First Amendment, but when an assembly becomes violent or disruptive to the extent that it violates the statutes, it may be deemed unlawful.