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 Hawaii, the criminal offense of unlawful assembly is addressed under Hawaii Revised Statutes Section 711-1105, which defines 'Disorderly conduct' as behavior with intent to cause physical inconvenience or alarm by a member of the public, or recklessly creating a risk thereof. This includes making unreasonable noise, using abusive or obscene language, or behaving in a disorderly manner in a public place, among other things. While the statute does not explicitly use the term 'unlawful assembly,' the behaviors described can encompass situations where a group of people assemble and cause a disturbance or breach of peace. Hawaii law also covers related offenses such as rioting under Section 711-1102, which involves a group of people engaging in violent conduct, thereby creating a substantial risk of causing public alarm. The offense of 'Failure to disperse' is outlined in Section 711-1103, which requires individuals to comply with official orders to disperse when they are assembled with others and there is a likelihood of rioting or a disturbance of the peace. Penalties for these offenses vary, and they can range from petty misdemeanors to more serious charges depending on the circumstances and the degree of the offense.