§711-1104  Unlawful assembly.  (1)  A
person commits the offense of unlawful assembly if:



(a) The person assembles with five or more other
persons with intent to engage in conduct constituting a riot; or



(b) Being present at an assembly that either has or
develops a purpose to engage in conduct constituting a riot, the person remains
there with intent to advance that purpose.



(2)  Unlawful assembly is a misdemeanor. [L
1972, c 9, pt of §1]



 



COMMENTARY ON §711-1104



 



  Section 711-1104 is intended to reach those who have
assembled for the purpose of rioting or who are on their way to the scene of a
riot, but who have not yet begun to riot, or who associate with a group of
known potential rioters with intent to aid their cause.  It thus comprises both
unlawful assembly and riot at the common law, and constitutes in effect an
expanded concept of attempted riot.  Punishment is at the misdemeanor level.



  Specifically the section requires assembling with five or
more others with intent to engage in conduct constituting a riot, or remaining
at an assembly that develops a purpose to engage in a riot, with intent to
advance that purpose.



  Previous Hawaii law was directed at only specific instances
of unlawful assembly.  It was illegal under prior law to assemble for the
purpose of advocating criminal syndicalism,[1] also, under the former
disorderly conduct statute, it was illegal for persons congregating on a public
street or sidewalk to refuse to move on at the orders of the police.[2]  Thus,
the Code's concept of unlawful assembly as an attempted riot offense is new to
Hawaii law.



 



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§711-1104 Commentary:



 



1.  H.R.S. §721-4.



 



2.  Id. §772-2(2).