How does the Model Penal Code treat unlawful assembly? How does the MPC treat riot?

Question

What will be an ideal response?

Answer 1

• Riot and Failure to Disperse, the later being the equivalent of unlawful assembly, are covered together in section 250.1 of the MPC.
• Unlawful assembly, called Failure of Disorderly Persons to Disperse upon Official Order, provides that where three or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm, 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. Those who fail to obey the order are guilty of this misdemeanor.
• Riot is a felony of the third degree. A person is guilty of riot if he participates with two or more others in a course of disorderly conduct with the purpose to commit or facilitate the commission of either a felony or misdemeanor; or, to prevent or coerce official action; or, when the actor or other participant, with knowledge of the actor uses or plans to use a firearm or other deadly weapon.