LEARNING OBJECTIVES
- Define the elements of unlawful assembly and failure to disperse.
- Identify potential constitutional challenges t o unlawful assembly and failure to disperse statutes.
- Analyze unlawful assembly and failure to disperse grading.
- Define the elements of riot, and analyze riot grading and the potential for constitutional challenges to riot statutes.
- Define criminal gang and criminal gang member.
- Compare gang participation and gang-enhancement statutes.
- Analyze two civil responses to the criminal gang problem.
- Identify potential constitutional challenges to gang activity statutes.
Group conduct, if criminal, can enhance the potential for violence and injury and is punishable as the crimes of unlawful assembly, riot, or criminal gangs. However, the right to peacefully assemble is guaranteed in the First Amendment, so statutes codifying these offenses can be subject to constitutional attack similar to disorderly conduct, vagrancy, and loitering statutes. In addition, the problem of criminal gangs has proven to be so stubborn that it has produced some novel criminal and civil responses. The following sections discuss group activity offenses as well as their potential constitutional defenses.
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