PC §503 - UNLAWFUL ASSEMBLY

CLASS E MISDEMEANOR

(a) Definition

Unlawful assembly is the gathering or congregation of three or more persons with the intent to commit an unlawful act or to engage in conduct that poses a clear and present danger to public safety, peace, or order.

Types of Unlawful Assembly

Unlawful assembly may include, but is not limited to, the following:

  1. Riotous assembly: A gathering characterized by tumultuous or violent behavior, such as rioting, looting, or engaging in physical confrontations with law enforcement or others.

  2. Mob action: A group of individuals acting together to commit unlawful acts, such as vandalism, destruction of property, or harassment of others.

  3. Sedition: An assembly with the intent to overthrow or subvert lawful authority, incite rebellion, or undermine the government through unlawful means.

(b) Elements of the Offense

The following elements must be met to constitute unlawful assembly:

  1. Three or more persons gather or assemble together.

  2. The assembly is characterized by a common purpose or intent to commit an unlawful act or engage in conduct that threatens public safety, peace, or order.

  3. The circumstances of the assembly create a reasonable belief that the group's actions may result in harm, violence, property damage, or other illegal activities.

(c) Defenses

  • (a) It shall be a defense to a charge of unlawful assembly if the defendant can prove that the gathering was peaceful, lawful, or constitutionally protected, or if they can demonstrate that they did not participate in or support any unlawful activities or intent.

  • (b) Lack of knowledge of the unlawful purpose of the assembly or absence of intent to engage in unlawful conduct may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

Aggravating factors such as prior convictions for similar offenses, the use of weapons or dangerous instruments during the assembly, or the infliction of serious injury or death as a result of the unlawful conduct may result in enhanced penalties as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

20 SECONDS OF JAIL TIME.

BOND SET

$2,000.00

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