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 North Dakota, the criminal offense of unlawful assembly is addressed under North Dakota Century Code (NDCC) 12.1-25-01, which defines 'Disorderly Conduct' and 12.1-25-02, which defines 'Riot'. According to these statutes, an unlawful assembly may occur when three or more persons assemble with the intent to commit a breach of the peace, or where the assembly results in conduct that creates an immediate danger of damage to property or injury to persons, substantially obstructs law enforcement or other governmental functions, or is violent and likely to cause public alarm. The offense of riot is a more serious form of unlawful assembly and involves a group of individuals engaging in tumultuous and violent conduct that creates a grave danger of damage to property or injury to persons, or substantially obstructs law enforcement or other governmental functions. Penalties for these offenses can range from a class B misdemeanor for disorderly conduct to a class C felony for riot if the circumstances meet certain criteria. It is important for individuals in North Dakota to understand these laws and to be aware that participating in an unlawful assembly or riot can lead to criminal charges. An attorney can provide specific legal advice on these matters.