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 Tennessee, the criminal offense of unlawful assembly is addressed under the state's penal code, specifically in the context of riot, disorderly conduct, and related offenses. Tennessee Code Annotated (T.C.A.) § 39-17-305 defines a riot as a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government functions. Additionally, T.C.A. § 39-17-306 outlines the offense of inciting to riot, which involves encouraging others to riot. Disorderly conduct, under T.C.A. § 39-17-305, includes behavior that may cause a breach of the peace, such as fighting or engaging in violent or threatening behavior. The statutes also cover the failure to disperse (T.C.A. § 39-17-309) when a lawful order is given in the scene of a riot or unlawful assembly. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the conduct and the specific charges brought forth. An attorney can provide more detailed information on how these laws may apply to specific situations.