§ 11-05-230. Generally—Unlawful assembly.

(a)

Unlawful assembly consists of the gathering together or assemblage of three (3) or more persons for a common purpose which either:

(1)

Creates a clear and present danger or an immediate threat of substantial harm to persons and/or property.

a.

When an unlawful assembly occurs, as defined in this section, an order to disperse shall be given by a peace officer in such manner as can reasonably be expected to give actual notice of said order to persons either directly or indirectly involved in such unlawful assembly.

b.

Refusal to obey an order to disperse within such time as is reasonably required for the assemblage to physically disperse after such order is given or wilful and open resistance to said order shall be prima facie evidence of a violation of this chapter; or

(2)

Manifests a common intent to do any unlawful act or acts by force or violence against the person and/or property of another. Participation in an unlawful assembly to further such unlawful purpose shall constitute a violation of this Code.

(b)

It shall be unlawful for any person to commit the offense defined in this section.

(Code 1960, § 6-2-24; Ord. No. 552, 1-11-77)

State law reference

Similar provisions, N.M.S.A. § 30-22-5.