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Fact check: What is an unlawful assembly in LA?
1. Summary of the results
An unlawful assembly in Los Angeles is legally defined under California Penal Code 407 PC as a gathering of two or more people who either:
- Intend to commit an unlawful act, or
- Perform a lawful act in a violent, boisterous, or tumultuous manner [1]
The assembly becomes unlawful only when there is a clear and present danger of immediate violence, not just speculative threats, as established by the California Supreme Court [2]. It is classified as a misdemeanor offense, punishable by up to 6 months in jail and/or a $1,000 fine [1].
2. Missing context/alternative viewpoints
Several important contextual elements were not addressed in the original question:
- Law Enforcement Discretion: The LAPD has the authority to declare an unlawful assembly when they determine a gathering has become violent, disruptive, or poses a threat to public safety [3]
- Specific Triggering Actions: Real-world examples show that unlawful assemblies are often declared when protesters:
Throw objects at police
Block traffic
Vandalize property
Create safety hazards [3]
- Dispersal Requirements: When an unlawful assembly is declared, protesters must immediately leave the area or face arrest [4]
3. Potential misinformation/bias in the original statement
The question itself doesn't contain misinformation, but it's important to note potential biases in how unlawful assemblies are declared:
- Law Enforcement Perspective: Police departments have significant discretion in determining what constitutes a "clear and present danger" [2]
- Protester Perspective: The broad definition of "violent, boisterous, or tumultuous manner" [1] could potentially be used to restrict legitimate protest activities
- Real-World Application: The law has been applied in various contexts, including protests against ICE operations [4], suggesting its interpretation may vary based on the political nature of the assembly