or by both such fine and imprisonment. (As amended Stats. 1957, c. 139, p. 744, § 36.)

§ 406. Rout; definition

"Rout" defined. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout. (Enacted 1872.)

"Unlawful assembly" defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.

§ 408. Rout and unlawful assembly; punishment

Punishment of rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. (Enacted 1872.)

§ 409. Riot, rout, or unlawful assembly; remaining present after warning to disperse

Remaining present at place of riot, etc., after warning to disperse. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. (Enacted 1872.)

§ 409.5. Authority of peace officers to close disaster area; unauthorized entry; exception

Whenever a menace to the public health or safety is created by a calamity such as flood, storm, fire, earthquake, explosion, accident or other disaster, officers of the California Highway Patrol, police departments or sheriff's office may close the area where the menance exists for the duration thereof by means of ropes, markers or guards to any and all persons not authorized by such officer to enter or remain within the closed area. If such a calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions which are set forth above in this section. Any person not authorized *** willfully entering the area or *** willfully remaining within the area after notice to evacuate shall be guilty of a misdemeanor.

Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the area closed pursuant to this section. (Added Stats. 1957, c. 1402, p. 2737, § 1, as amended Stats. 1965, c. 212, p. 1177, § 1.)

§ 410. Magistrate or officer neglecting or refusing to disperse unlawful or riotous assembly

Magistrates neglecting or refusing to disperse rioters. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. (Enacted 1872.)

COLORADO REVISED STATUTES

40-8-3. Unlawful assembling penalty.—If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do, by a judge, justice of the peace, sheriff, coroner, constable or other public officer, such person so offending, on conviction, shall be severally fined in any sum not exceeding fifty dollars, and imprisoned in the county jail not exceeding one month.

40-8-4. Unlawful assemblage penalty. If two or more persons shall assemble together to do an unlawful act and separate without doing or advancing towards it, such person shall be deemed guilty of an unlawful assemblage and upon conviction thereof be severally fined in a sum not exceeding fifty dollars, or imprisoned in the county jail not exceeding three months.

Source: R. S. p. 220, § 116; G. L. § 715, G. S. § 824; R. S. 08, § 1756; Cl. L. § 6825; CSA, C. 48, § 194; CRS 53, § 40-8-4.

40-8-5. Rout-penalty.—If two or more persons shall meet to do an unlawful act upon a common cause of quarrel, and make advances towards it, they shall be guilty of a rout, and on conviction shall be severally fined in a sum not exceeding seventy dollars, or imprisoned in the county jail not exceeding four months. Source: R. S. p. 220, § 117; G. L. § 716; G. S. § 825; R. S. 08, § 1757; C. L. § 6826; CSA, C. 48, § 195; CRS 53, § 40-8-5.

40-8-6. Riot-penalty.-If two or more persons actually do an unlawful act with force or violence against the person or property of another, with or without a common cause of quarrel, or even do a lawful act in a violent or tumultuous manner, the persons so offending shall be deemed guilty of a riot, and on conviction, shall severally be fined not exceeding two hundred dollars or imprisoned in the county jail not exceeding six months.

Source: L. 1861, p. 311, § 103; R. S. p. 220, § 118; G. L. § 717; G. S. § 826; R. S. 08, § 1758; C. L. § 6827; CSA, C. 48, § 196; CRS 53, § 40-8-6.

CONNECTICUT GENERAL STATUTES ANNOTATED

§ 53-169. Dispersion of riotous assembly

Each justice of the peace, sheriff, deputy sheriff, constable, chief, acting chief or superintendent of a local police department, or selectman, the commissioner of state police, any captain or lieutenant of the state police or of a local police department, and any person lawfully exercising the power of any of such officers, on having notice of any riotous assembly of three or more persons, met in his jurisdiction with intent to do any unlawful act with force against the peace, shall resort to the place of such meeting and assembly, or as near thereto as he can with safety, and shall audibly command, or cause to be commanded, silence to be observed while proclamation is being made; and he shall then audibly make, or cause to be made, a proclamation in these words, or in words of a similar effect, to wit: "In the name and by authority of the state of Connecticut, I charge and command all persons assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business, on penalty of the law"; and, if such persons, or any three or more of them, after such proclamation, do not disperse, he, and such others as he commands to assist him, shall disperse and apprehend such rioters and forthwith take them before proper authority. (1985, P.A. 254, §1.)

1965 Amendment

§ 53-170. Interfering with proclamation and refusal to disperse

Any person who, with force, knowingly obstructs or hinders the making of any such proclamation, and all persons so riotously assembled, who do any unlawful act or who do not immediately after such proclamation or, if it is obstructed and hindered, immediately after such obstruction and hindrance come to their knowledge, disperse and peaceably depart to their homes or lawful business, shall be severally fined not more than one hundred dollars or imprisoned not more than six months or both. (1949 Rev., § 8507.)

§ 53-171. Authorities not responsible for injuries in suppressing riot

If any of the persons, so unlawfully and riotously assembled, are killed or hurt while resisting those so dispersing or endeavoring to disperse or apprehend them, the authority making proclamation under the provisions of section 53-169, and all persons aiding him, shall be discharged from all civil or criminal liability therefor. (1965, P.A. 254, § 2.)

§ 361.

DELAWARE CODE ANNOTATED, TITLE II

Unlawful assemblies and riots

Whenever three or more persons meet together with clubs, staves or other hurtful weapons, to the terror of any of the people of this State, and commit or attempt to commit violence or injury to any person, or to the property of any person; or commit a riot, every such person shall be fined not less than $20 nor more than $200, and may be imprisoned not more than 6 months.

FLORIDA STATUTES ANNOTATED

870.02 Unlawful assemblies

If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars.

870.03 Riots and routs

If any persons unlawfully assembled demolish, pull down or destroy, or being to demolish, pull down or destroy, any dwelling house or other building, or any ship or vessel, each of them shall be punished by imprisonment in the state prison not exceeding five years.

870.04 Magistrate to disperse riotous assembly

If any number of persons, whether armed or not, are unlawfully, riotously or tumultuously assembled in any county, city or municipality, the sheriff or his deputies, or any constable or justice of the peace of the county, or the mayor, or any commissioner, councilman, alderman or police officer of the said city or municipality, or any officer or member of the Florida highway patrol, shall go among the persons so assembled, or as near to them as may be with safety, and shall in the name of the state command all the persons so assembled immediately and peaceably to disperse; and if such persons do not thereupon immediately and peaceably disperse, said officers shall command the assistance of all persons in seizing, arresting and securing such persons in custody; and if any person present being so commanded to aid and assist in seizing and securing such rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such officers to depart from the place, refuses and neglects to do so, he shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly.

GEORGIA CODE ANNOTATED

26-5301. (359 P. C.) Unlawful assemblies.-Any two or more persons who shall assemble for the purpose of disturbing the public peace or committing any unlawful act, and shall not disperse on being commanded to do so by a judge, justice, sheriff, constable, coroner, or other peace officer, shall be guilty of a misdemeanor. (Cobb, 810.)

26–5302. (360 P. C.) Riot.—Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumultuous manner, shall be guilty of a riot and punished as for a misdemeanor. (Cobb, 811. Acts 1865-6, p. 233.)

REVISED LAWS OF HAWAII, TITLE 31

§ 305-1. Riot defined. Any use of force or violence disturbing the public peace' or any threat or attempt to use such force or violence, if accompanied by immediate power of execution, by six or more persons acting together, and without authority or justification by law, is a riot. [P. C. 1869, c. 38, s. 2; R. L. 1925, s. 4343; R. L. 1935, s. 6171; R. L. 1945, s. 11571; am. L. 1949, c. 62, s. 1.]

§ 305-2. Penalty for riot. Every person who participates in any riot shall be fined not more than $1,000 or imprisoned at hard labor not more than two years, or both. [P. C. 1869, c. 38, s. 10; R. L. 1925, s. 4351; am. L. 1929, c. 4, s. 1; R. L. 1935, s. 6179; R. L. 1945, s. 11579; am. L. 1949, c. 62, s. 2.]

Decision under former law: 37 H. 625.

§ 305-3. Remaining present at place of riot after order to disperse. If a magistrate, police officer or other peace officer, during or following the commission of a riot in which force or violence has been used disturbing the public peace, orders the persons present at the place of such riot to disperse, any person thereafter remaining present at the place of such riot is guilty of a misdemeanor, unless (a) he so remains because of ignorance of such order; or (b) as a magistrate, police officer or other peace officer, or at the request or command of a magistrate, police officer or other peace officer, he is endeavoring to effect or assisting in the dispersion so ordered, or the protection of persons or property, or the arrest of offenders. The duties and functions of magistrates, police officers and other peace officers, provided for by this section, are in addition to those provided for by any

other law relating to the preservation of the public peace or the prevention or suppression of acts affecting the public peace.

Whoever is guilty of a misdemeanor under this section shall be fined not more than $500 or imprisoned not more than one year, or both. [P. C. 1869, c. 38, s. 11; R. L. 1925, s. 4352; R. L. 1935, s. 6181; R. L. 1945, s. 11581; am. L. 1949, c. 62, s. 3.]

IDAHO CODE ANNOTATED

18-6401. Riot defined.-Any use of force or violence, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot. [Cr. & P. 1864, § 122; R. S., R. C., & C. L., § 6950; C. S., § 8364; I. C. A., § 17-3001.]

18-6402. Punishment for riot.-Every person who participates in any riot is guilty of a misdemeanor. [Cr. & P. 1864, § 122; R. S., R. C., & C. L., § 6951; C. S., § 8365; I. C. A., § 17-3002.]

18-6403. Rout defined. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout. [R. S., R. C., & C. L., § 6952; C. S., § 8366; I. C. A., § 17-3003.]

18-6404. Unlawful assembly defined. Whenever two or more persons assembly together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous or tumultuous manner, such assembly is an unlawful assembly. [Cr. & P. 1864, § 121; R. S., R. C., & C. L.. § 6953; C. S., § 8367; I. C. A., § 17-3004.]

18-6405. Punishment for rout and unlawful assembly.-Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. [Cr. & P. 1864, § 121; R. S., R. C., & C. L., § 6954; C. S., § 8368; I. C. A., § 17-3005.] 18-6406. Persons present at riots and routs after warning to disperse.-Every person remaining present at the place of any riot, rout or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. [Cr. & P. 1864, § 119; R. S., R. C., & C. L., § 6955; C. S., § 8369; I. C. A., § 17-3006.]

18-6407. Officers neglecting to suppress riots. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. [Cr. Prac. 1864, § 41; R. S., R. C., & C. L., § 6956; C. S., § 8370; I. C. A., § 17-3007.]

18-6410. Assembly to disturb peace-Refusal to disperse. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor. [Cr. & P. 1864, § 119; R. S., R. C., C. L., § 6960; C. S., § 8374; I. C. A., § 173010.]

§ 25-1.

ILLINOIS ANNOTATED STATUTES, TITLE 38

Mob Action

(a) Mob action consists of any of the following:

(1) The use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law; or

(2) The assembly of 2 or more persons to do an unlawful act; or

(3) The assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence. (b) Any person engaged in mob action shall be fined not to exceed $500 or imprisoned in a penal institution other than the penitentiary not to exceed 30 days, or both.

(c) Any participant in a mob action which shall by violence inflict injury to the person or property of another shall be fined not to exceed $1,000 or imprisoned in a penal institution other than the penitentiary not to exceed one year, or in the penitentiary from one to 5 years, or both fined and imprisoned.

(d) Any participant in a mob action who does not withdraw on being commanded to do so by any peace officer shall be fined not to exceed $500 or imprisoned in a penal institution other than the penitentiary not to exceed one year, or both. 1961, July 28, Laws 1961, p. 1983, § 25-1.

INDIANA STATUTES ANNOTATED

10-1505 [2529]. Riot. If three [3] or more persons shall do an act in a violent and tumultuous manner, they shall be deemed guilty of a riot, and, on conviction, shall be fined not exceeding five hundred dollars [$500] each, to which may be added imprisonment in the county jail not exceeding three [3] months each. [Acts 1905, ch. 169, § 438, p. 584.]

10-1506 [2530]. Riotous conspiracy. If three [3] or more persons shall unite for the purpose of doing any unlawful act in the night-time, or for the purpose of doing any unlawful act while wearing white caps, masks or being otherwise disguised, they shall be deemed guilty of a riotous conspiracy, and, on conviction, shall each be imprisoned in the state prison not less than two [2] years nor more than ten [10] years, and each be fined in any sum not exceeding two thousand dollars [$2,000]. [Acts 1905, ch. 169, § 439, p. 584.]

10-1507 [2537]. Rout. If three [3] or more persons shall meet together to do an unlawful act upon a common cause, and shall make advances toward the commission thereof, they shall be deemed guilty of a riot [rout], and on conviction, shall be fined not exceeding one hundred dollars [$100] each, or they may each be imprisoned in the county jail not exceeding sixty [60] days. [Acts 1905, ch. 169, § 446, p. 584.]

743.1 Unlawful assembly

IOWA CODE ANNOTATED

When three or more persons in a violent or tumultuous manner assemble together to do an unlawful act, or, when together, attempt to do an act, whether lawful or unlawful, in an unlawful, violent, or tumultuous manner, to the disturbance of others, they are guilty of an unlawful assembly, and shall be imprisoned in the county jail not more than thirty days, or be fined not exceeding one hundred dollars.

743.2 "Riot" defined

When three or more persons together and in a violent or tumultuous manner commit an unlawful act, or together do a lawful act in an unlawful, violent, or tumultuous manner, to the disturbance of others, they are guilty of a riot, and shall be punished as is provided in section 743.1.

743.3

One person may be tried and convicted alone

Any person guilty of unlawfully assembling, or of a riot, may alone be tried and convicted thereof, but it must be alleged in the information and proved on the trial that three or more persons were engaged therein.

743.4 Unlawful assemblages-dispersion

When persons to the number of twelve or more, armed with dangerous weapons, or persons to the number of thirty or more, whether armed or not, are unlawfully or riotously assembled in any city or town, any judge, sheriff, and his deputies if they be present, the mayor, aldermen, marshal, constables, and justices of the peace of such city or town must go among the persons assembled, or as near them as may be safe, and command them, in the name of the state, immediately to disperse.

743.5 Arrest-aid of other persons

If the persons assembled do not immediately disperse, the magistrate and officers must arrest them, and for that purpose may command the aid of all persons present or within the county.

743.6 Refusing to aid

If any person commanded to aid the magistrate or officer neglect to do so without good cause, he is guilty of a misdemeanor.