Protests And Assembly
Penal Law § 240.10 — assembling with four or more others for tumultuous and violent conduct
Unlawful assembly. A person is guilty of unlawful assembly by assembling with four or more other persons to engage, or prepare to engage, in tumultuous and violent conduct likely to cause public alarm, or by remaining at an assembly that has or develops that purpose with intent to advance it. It is a class B misdemeanor.
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 unlawful, is a question of fact and law for a licensed New York attorney.
Sources for this section (1)
- Penal Law § 240.10 — Unlawful assembly
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.