2006 Code of Virginia § 18.2-406 - What constitutes an unlawful assembly; punishment

18.2-406. What constitutes an unlawful assembly; punishment.

Whenever three or more persons assembled share the common intent to advancesome lawful or unlawful purpose by the commission of an act or acts ofunlawful force or violence likely to jeopardize seriously public safety,peace or order, and the assembly actually tends to inspire persons ofordinary courage with well-grounded fear of serious and immediate breaches ofpublic safety, peace or order, then such assembly is an unlawful assembly.Every person who participates in any unlawful assembly shall be guilty of aClass 1 misdemeanor. If any such person carried, at the time of hisparticipation in an unlawful assembly, any firearm or other deadly ordangerous weapon, he shall be guilty of a Class 5 felony.

(Code 1950, 18.1-254.1, 18.1-254.3; 1968, c. 460; 1971, Ex. Sess., c. 251;1975, cc. 14, 15.)

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