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 Connecticut, the criminal offense of unlawful assembly is addressed under the state's penal code. Specifically, Connecticut General Statutes § 53-182b outlines the offense of 'inciting to riot,' which occurs when a person incites or urges five or more persons to engage in a riot, defined as a public disturbance involving an assemblage of five 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. Additionally, § 53-183 covers 'riot in the first degree,' and § 53-175a addresses 'riot in the second degree.' These statutes criminalize participating in a riot and the degree of the offense often depends on factors such as the presence of weapons and the level of danger posed. The offense of 'refusal to disperse upon order' is covered under § 53-182c, which requires individuals to disperse when ordered by a peace officer during a riot or other unlawful assembly. The penalties for these offenses can range from fines to imprisonment, depending on the severity of the conduct and the specific charge. It is important for individuals to understand that engaging in protest or assembly is lawful when conducted peacefully, but crossing the line into violent or tumultuous behavior that threatens public safety or property can lead to criminal charges.