Unlawful assembly · as in force on May 31, 2026
§ 240.10 Unlawful assembly.
A person is guilty of unlawful assembly when he assembles with four or more other persons for the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm, or when, being present at an assembly which either has or develops such purpose, he remains there with intent to advance that purpose.
Unlawful assembly is a class B misdemeanor.
A person commits unlawful assembly by assembling with 4 or more other persons to engage, or prepare to engage, in tumultuous and violent conduct likely to cause public alarm, or by being present at an assembly that has or develops that purpose and remaining there with intent to advance that purpose. ★ The offense is a class B misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.