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 New Jersey, the criminal offense of unlawful assembly is addressed under the state's statutes concerning public order offenses. Specifically, New Jersey law defines unlawful assembly as a gathering of three or more persons with the purpose to engage in conduct that constitutes a breach of the peace, or where the participants conduct themselves in a tumultuous manner likely to create a public alarm. This offense is closely related to other offenses such as rioting and failure to disperse. Rioting involves a gathering of individuals resulting in a disturbance of the peace through violence or the threat of violence, while failure to disperse occurs when individuals do not disband after being ordered to do so by law enforcement. These offenses are typically found in the New Jersey Code of Criminal Justice. Penalties for these offenses can vary, but they may include fines, imprisonment, or both, depending on the severity of the conduct and the specific circumstances of the case. An attorney can provide more detailed information about the charges and potential defenses for someone accused of unlawful assembly or related offenses in New Jersey.