5.503 — UNLAWFUL ASSEMBLY
Violations of "Statute 5.503" results in a Class E Misdemeanor
(a) Definitions
Unlawful assembly refers to a gathering of individuals in a public or private space for the purpose of engaging in conduct that is illegal, disruptive, or poses a threat to public safety, peace, or order. The assembly may involve activities such as rioting, disturbing the peace, or preparing for illegal actions, even if the gathering itself does not involve immediate violent or unlawful acts.
(b) Elements
To establish the offense of unlawful assembly, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant knowingly participated in an assembly or gathering of three or more individuals.
The purpose or nature of the assembly was to engage in or prepare for illegal activity, such as violent acts, property damage, or obstruction of law enforcement.
The assembly occurred in a manner that threatened public safety, order, or peace.
(c) Defenses
Defenses against a charge of unlawful assembly may include:
The defendant did not knowingly participate in an assembly for the purpose of engaging in illegal conduct.
The defendant was not aware that the assembly would lead to unlawful actions or that the group intended to violate the law.
The assembly was peaceful and lawful, and any illegal activity was not planned or initiated by the defendant.
(d) Aggravating Factors
The court may consider the following aggravating factors when determining the severity of the offense:
The assembly led to the commission of additional crimes, such as violent acts, property damage, or obstruction of justice.
The assembly posed a significant threat to public safety, law enforcement, or public property.
The assembly occurred in a sensitive area, such as near government buildings, schools, or in the presence of law enforcement.
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