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 Arkansas, the criminal offense of unlawful assembly is addressed under Arkansas Code Annotated § 5-71-207. This statute defines unlawful assembly as a gathering of two or more persons for the purpose of engaging in conduct constituting a riot, or a clear and present danger of a riot. A riot is further defined by Arkansas law as a public disturbance involving an assemblage of two or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government functions. The offense of unlawful assembly is considered a Class A misdemeanor in Arkansas. Additionally, related offenses such as rioting, inciting a riot, and obstructing governmental operations are also defined in the Arkansas criminal code, with varying degrees of severity and corresponding penalties. It is important for individuals to understand that participating in a protest or demonstration is legal, but once it crosses the threshold into violent or dangerous conduct as defined by state law, it may be deemed unlawful assembly or another related offense.