Protests And Assembly
N.J.S.A. 2C:33-1 — refusing an order to disperse is a disorderly persons offense, and riot is a crime
An order to disperse. Where five or more persons are participating in a course of disorderly conduct likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey the order commits a disorderly persons offense.
Disorderly conduct, as these offenses use it, means fighting or threatening, violent or tumultuous behavior, or creating a hazardous or physically dangerous condition by an act that serves no legitimate purpose, done with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of it.
Riot. A person is guilty of riot by participating with four or more other persons in a course of disorderly conduct with purpose to commit or facilitate a crime, with purpose to prevent or coerce official action, or when a participant known to the person uses or plans to use a firearm or other deadly weapon. Riot is a crime of the third degree where a weapon is used or planned, and otherwise a crime of the fourth degree.
Inciting a public brawl. A person who acts with purpose to incite a group of four or more other persons imminently to engage in a course of disorderly conduct, in a way likely to do so, is guilty of inciting a public brawl: a crime of the fourth degree where the purpose is fighting, threats, violent or tumultuous behavior or a dangerous condition, and otherwise a disorderly persons offense.
Disrupting a meeting. A person who, with purpose to prevent or disrupt a lawful meeting, procession or gathering, does an act tending to obstruct or interfere with it physically commits a disorderly persons offense.
The right to assemble and to speak comes from the state and federal constitutions, and permits for marches and the use of public places are set by local rules; neither is on this page. Whether a particular order was lawful, or a particular gathering disorderly, is a question of fact and law for a licensed New Jersey attorney.
Sources for this section (3)
- N.J.S.A. 2C:33-1 — Riot; failure to disperse
- N.J.S.A. 2C:33-8 — Disrupting meetings and processions
- N.J.S.A. 2C:33-2 — Disorderly conduct
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.