Protests And Assembly
Idaho Code § 18-6404 and Idaho Code § 18-6410 — an unlawful assembly, and refusing an officer's command to disperse
An unlawful assembly is two or more people assembled to do an unlawful act, or doing a lawful act in a violent, boisterous or tumultuous manner. Taking part in one is a misdemeanor.
The command to disperse. Where two or more people assemble to disturb the public peace or commit an unlawful act and do not disperse when a public officer commands it, each is guilty of a misdemeanor.
Unless a section sets another punishment, a misdemeanor carries up to six months in the county jail, a fine of up to $1,000, or both.
A peaceable gathering is neither, and the First Amendment protects it. Permits for marches and the use of streets are set by cities. A particular arrest is a question for a licensed Idaho attorney.
Sources for this section (4)
- Idaho Code § 18-6404 — Unlawful assembly defined
- Idaho Code § 18-6405 — Punishment for unlawful assembly
- Idaho Code § 18-6410 — Assembly to disturb peace, refusal to disperse
- Idaho Code § 18-113 — Punishment for misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.