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 Kentucky, the criminal offense of unlawful assembly is addressed under Kentucky Revised Statutes (KRS) Chapter 525, which deals with riot, disorderly conduct, and related offenses. Specifically, KRS 525.040 defines 'unlawful assembly' as a gathering of five or more persons with the intent to engage in conduct constituting a riot, or a gathering that conducts itself in a disorderly manner with the intent to commit an act of violence, or a gathering that creates a substantial risk of causing injury to persons or damage to property. This offense is classified as a Class B misdemeanor. Kentucky law also includes offenses such as riot in the first and second degree (KRS 525.020 and KRS 525.030), failure to disperse (KRS 525.050), and disorderly conduct (KRS 525.060), which are related to the conduct described in the definition of unlawful assembly. Penalties for these offenses vary, with more severe penalties for those that involve active participation in violent or tumultuous behavior.