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Florida Criminal Offense

Unlawful Assembly

Three or more persons meeting together to commit a breach of the peace or any other unlawful act.

MisdemeanorSecond Degree

Florida Statute

§ 870.02

Unlawful assemblies

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

The State must show three or more people met with the shared purpose of committing a breach of the peace or another unlawful act.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Any Violation

F.S. § 870.02(1)

MisdemeanorSecond Degree

Three or more people meeting together to commit a breach of the peace or another unlawful act.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    AND — Required

    All of the following must be proven

    Three or more persons met together to commit a breach of the peace or another unlawful act.

    Plain language: At least three people gathered with the purpose of committing a breach of the peace or other unlawful act.

  2. Element 2
    AND — Required

    All of the following must be proven

    The defendant was one of the persons who met with that purpose.

    Plain language: The defendant joined that group and its unlawful purpose.

Jury Instructions

No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.

View Official Jury Instructions

Additional Notes

Custody Before Bail

A person arrested for unlawful assembly must be held in custody until brought before the court for admission to bail under Chapter 903.