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 South Carolina, the criminal offense of unlawful assembly is addressed under the state's penal code. Specifically, South Carolina law considers it unlawful for three or more persons to assemble with the intent to commit a breach of the peace or any other unlawful act. This includes situations where the assembly leads to conduct that creates an immediate danger of damage to property or injury to persons, substantially obstructs law enforcement or other governmental functions, is tumultuous or violent and likely to cause public alarm, or deprives any person of a legal right or disturbs any person in the enjoyment of a legal right through force or the threat of force. Related offenses such as rioting, inciting a riot, and failing to disperse are also defined and penalized under South Carolina law. These offenses are typically prosecuted under the state's criminal statutes, and the penalties can vary depending on the specific nature of the offense and the circumstances surrounding the unlawful assembly.