Iowa Code » Chapter 723 — PUBLIC DISORDER
Iowa Code

Iowa Code § 723.2 (2026)

Unlawful assembly

✓ Iowa Code 2026 (laws through the 2025 session)
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An unlawful assembly is three or more persons assembled together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense. A person who willingly joins in or remains a part of an unlawful assembly, or who joined a lawful assembly but willingly remains after the assembly becomes unlawful, knowing or having reasonable grounds to believe that it is such, commits an aggravated misdemeanor. [C51, §2739, 2741; R60, §4387, 4389; C73, §4066, 4068; C97, §5030, 5032; C24, 27, 31, 35, 39, §13339, 13341; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §743.1, 743.3; C79, 81, §723.2] 2021 Acts, ch 183, §45, 48 Referred to in §723.4

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Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2013–2023 · leading case: Clint Small v. James McCrystal, 708 F.3d 997 (8th Cir. 2013).
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Clint Small v. James McCrystal, 708 F.3d 997 (8th Cir. 2013). · cites it 2× “Iowa Code § 723.2 . Viewing the facts most favorably to Small: Neither he nor any other person gathered at the time of his arrest was “acting in a violent manner.”
Mark Nieters v. Brandon Holtan, 83 F.4th 1099 (8th Cir. 2023). “” Under Iowa Code § 723.2 “[a]n unlawful assembly is three or more persons assembled together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense.”
Essence Welch v. Daniel Dempsey, 51 F.4th 809 (8th Cir. 2022). “1 , and that protestors arguably engaged in an “unlawful assembly” involving three or more persons, see Iowa Code § 723.2 . When Dempsey used force against Welch, however, she was standing alone on a public sidewalk streaming a live video on her phone.”
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