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 Michigan, the criminal offense of unlawful assembly is addressed under Michigan Penal Code (MCL 750.528). This statute defines unlawful assembly as a gathering of five or more persons with the intent to conduct unlawful acts, or if the assembly leads to conduct that breaches the peace. The law also covers related offenses such as rioting (MCL 750.530), routs (MCL 750.529), and failure to disperse (MCL 750.523). Rioting involves an assembly of three or more persons whose actions result in a disturbance of the peace, while routs refer to an assembly that makes any movement or preparation to riot. Failing to disperse occurs when individuals do not leave an assembly after being lawfully commanded to do so by a peace officer. Penalties for these offenses can include fines, imprisonment, or both, depending on the severity of the conduct and the specific charge. It is important for individuals to understand that exercising the right to peaceful assembly is protected by the First Amendment, but once an assembly crosses the line into unlawful behavior as defined by state law, it can lead to criminal charges.