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Fact check: What is an unlawful assembly in LA?

Checked on June 9, 2025

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
Want to dive deeper?
What are the penalties for unlawful assembly charges in Los Angeles?
How do Los Angeles police determine when to declare an unlawful assembly?
What is the difference between unlawful assembly and riot under California law?
Can peaceful protesters be charged with unlawful assembly in Los Angeles?
What are your legal rights when police declare an unlawful assembly in LA?