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Home > Gang Laws > All States Gang Definition Statutory Definitions in the United States Alabama Section 13A-6-26. Compelling Streetgang Membership (a) For purposes of this section, the term "streetgang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, of three or more persons that, through its membership or through the agency of any member, engages in a course or pattern of criminal activity. Alaska, (2006) Sec. 11.81.900. Definitions (b) In this title, unless otherwise specified or unless the context requires otherwise, (13) "criminal street gang" means a group of three or more persons (A) who have in common a name or identifying sign, symbol, tattoo or other physical marking, style of dress, or use of hand signs; and (B) who, individually, jointly, or in combination, have committed or attempted to commit, within the preceding three years, for the benefit of, at the direction of, or in association with the group, two or more offenses under any of, or any combination of, the following: (i) AS 11.41; (ii) AS 11.46; or (iii) a felony offense. (Top) Arizona 13-105.  Definitions 7. "Criminal street gang" means an ongoing formal or informal association of persons whose members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and who has at least one individual who is a criminal street gang member. 8. "Criminal street gang member" means an individual to whom two of the following seven criteria that indicate criminal street gang membership apply: (a) Self-proclamation. (b) Witness testimony or official statement. (c) Written or electronic correspondence. (d) Paraphernalia or photographs. (e) Tattoos. (f) Clothing or colors. (g) Any other indicia of street gang membership. (Top) Arkansas 5-74-103. Definitions As used in this subchapter: (3) "Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and Arkansas 5-74-202. Definitions a) "Criminal gang, organization, or enterprise" is defined as any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses which are undertaken in concert with each other. b) "Predicate criminal offense" means any violation of Arkansas law which is a crime of violence or of pecuniary gain. c) "Crime of violence" means any violation of Arkansas law where a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person or persons, specifically including rape, §5-14-103. d) "Crime of pecuniary gain" means any violation of Arkansas law that results or was intended to result, in the defendant’s receiving income, benefit, property, money, or anything of value. (Top) California, (1988) 186.22 (e)(f) Participation in Criminal Street Gang; Punishment; Felony Conviction; Sentence Enhancement; Commission on or Near School Grounds; Pattern of Criminal Activity (f) As used in this chapter, "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in paragraphs (1) to (25), inclusive, of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. (Top) Colorado 18-23-101 – Definitions As used in this article, unless the context otherwise requires: (1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal: (a) Which has as one of its primary objectives or activities the commission of one or more predicate criminal acts; and (b) Whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. (2) "Pattern of criminal gang activity" means the commission, attempt, conspiracy, or solicitation of two or more predicate criminal acts which are committed on separate occasions or by two or more persons. (3) "Predicate criminal acts" means the commission of or attempt, conspiracy, or solicitation to commit any of the following: (a) Any conduct defined as racketeering activity in section 18-17-103 (5); (b) Any violation of section 18-8-706 or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would violate section 18-8-706. 18-23-102 - Recruitment of Juveniles for a Criminal Street Gang (1) A person commits recruitment of a juvenile for a criminal street gang if he or she is eighteen years of age or older and: (a) Knowingly solicits, invites, recruits, encourages, coerces, or otherwise causes a person younger than eighteen years of age to actively participate in or become a member of a criminal street gang; or (b) By use of force, threat, or intimidation directed at any person, or by the infliction of bodily injury upon any person, knowingly prevents a person younger than eighteen years of age from leaving a criminal street gang. (2) Recruitment of a juvenile for a criminal street gang is a class 1 misdemeanor. (3) Nothing in this section shall affect the ability to charge criminal offenses under article 17 of this title. Colorado 19-1-103. Definitions As used in this title or in the specified portion of this title, unless the context otherwise requires: (52) "Gang", as used in sections 19-2-205 and 19-2-508, means a group of three or more individuals with a common interest, bond, or activity, characterized by criminal or delinquent conduct, engaged in either collectively or individually. Colorado § 22-25-103. Definitions. As used in this article, unless the context otherwise requires: (3.5) "Gang" means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct, engaged in either collectively or individually. Connecticut 29-7n (2004). Record and Classification of Gang-Related Crimes (a) For the purposes of Sections 7-294l and 7-294x, Subsection (a) of Section 10-16b, Subsection (b) of this section and Sections 3 and 8 of public act 93-416,* "gang" means a group of juveniles or youth who, acting in concert with each other, or with adults, engage in illegal activities. (b) On and after July 1, 1994, the Division of State Police within the Department of Public Safety shall monitor, record, and classify all crimes committed in the state which are gang-related in accordance with the provisions of Section 29-1c. Delaware 616. Gang Participation (a) Definitions. The following terms shall have the following meaning as used in this section. (1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in Subdivision (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. (2) "Pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least one (1) of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons: (b) Forbidden conduct. A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers, or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law shall be guilty of illegal gang participation. Illegal gang participation is a Class F felony. (c) Sentencing enhancements. (1) Any person who is convicted of a Class E felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class D felony under Section 4205(b)(4) of this title. (2) Any person who is convicted of a Class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class C felony under Section 4205(b)(3) of this title. (3) Any person who is convicted of a Class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class B felony under Section 4205(b)(2) of this title. Delaware 617. Criminal Youth Gangs (a) Definitions. -- The following words, terms, and phrases, when used in this chapter, shall have their meanings ascribed to them except where the context clearly indicates a different meaning. (1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in, or requires as a condition of membership submission to group initiation that results in any felony or any Class A misdemeanor set forth in this title or Title 16. (2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership. (3) "Student" shall mean any person enrolled in a school grades preschool through 12. (b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties. (1) Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a juvenile or student to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a Class G felony. (2) Any person who, a. In order to encourage a juvenile or student to: 1. Join a criminal youth gang or criminal street gang, 2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or 3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, his or her property, a member of his or her family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, his or her property, a member of his or her family or household, or their property shall be guilty of a Class F felony and shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby. (Top) District of Columbia, D.C. § 22-951. Criminal Street Gangs. (a) (1) It is unlawful for a person to solicit, invite, recruit, encourage, or otherwise cause, or attempt to cause, another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang. (2) A person convicted of a violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than six months, or both. (b) (1) It is unlawful for any person who is a member of or actively participates in a criminal street gang to knowingly and willfully participate in any felony or violent misdemeanor committed for the benefit of, at the direction of, or in association with any other member or participant of that criminal street gang. (2) A person convicted of a violation of this subsection shall be fined not more than $5,000 or imprisoned for not more than five years, or both. (c) (1) It is unlawful for a person to use or threaten to use force, coercion, or intimidation against any person or property, in order to: (A) Cause or attempt to cause an individual to: (i) Join a criminal street gang; (ii) Participate in activities of a criminal street gang; (iii) Remain as a member of a criminal street gang; or (iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state; or (B) Retaliate against an individual for a refusal to: (i) Join a criminal street gang; (ii) Participate in activities of a criminal street gang; (iii) Remain as a member of a criminal street gang; or (iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state. (2) A person convicted of a violation of this subsection shall be fined not more than $10,000 or imprisoned for not more than ten years, or both. (d) The penalties under this section are in addition to any other penalties permitted by law. (e) For the purposes of this section, the term: (1) "Criminal street gang" means an association or group of six or more persons that: (A) Has as a condition of membership or continued membership, the committing of or actively participating in committing a crime of violence, as defined by § 23-1331(4); or (B) Has as one of its purposes or frequent activities, the violation of the criminal laws of the District, or the United States, except for acts of civil disobedience. (2) "Violent misdemeanor" shall mean: (A) Destruction of property (§ 22-303); (B) Simple assault (§ 22-404(a)); (C) Stalking (§ 22-404(b)); (D) Threats to do bodily harm (§ 22-407); (E) Criminal abuse or criminal neglect of a vulnerable adult (§ 22-936(a)); (F) Cruelty to animals (§ 22-1001(a)); and (G) Possession of prohibited weapon (§ 22-4514). Florida 874.03. Definitions As used in this chapter: (1) "Criminal gang" means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups. (a) As used in this subsection, "ongoing" means that the organization was in existence during the time period charged in a petition, information, indictment, or action for civil injunctive relief. (b) As used in this subsection, "primary activities" means that a criminal gang spends a substantial amount of time engaged in such activity, although such activity need not be the only, or even the most important, activity in which the criminal gang engages. (2) "Criminal gang associate" means a person who: (a) Admits to criminal gang association; or (b) Meets any single defining criterion for criminal gang membership described in subsection (3). (3) "Criminal gang member" is a person who meets two or more of the following criteria: (a) Admits to criminal gang membership. (b) Is identified as a criminal gang member by a parent or guardian. (c) Is identified as a criminal gang member by a documented reliable informant. (d) Adopts the style of dress of a criminal gang. (e) Adopts the use of a hand sign identified as used by a criminal gang. (f) Has a tattoo identified as used by a criminal gang. (g) Associates with one or more known criminal gang members. (h) Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information. (i) Is identified as a criminal gang member by physical evidence. (j) Has been observed in the company of one or more known criminal gang members four or more times. Observation in a custodial setting requires a willful association. It is the intent of the Legislature to allow this criterion to be used to identify gang members who recruit and organize in jails, prisons, and other detention settings. (k) Has authored any communication indicating responsibility for the commission of any crime by the criminal gang. Where a single act or factual transaction satisfies the requirements of more than one of the criteria in this subsection, each of those criteria has thereby been satisfied for the purposes of the statute. (4) "Criminal gang-related activity" means: (a) An activity committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing a person's own standing or position within a criminal gang; (b) An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang; (c) An activity that is identified as criminal gang activity by a documented reliable informant; or (d) An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information. (5) "Electronic communication" has the meaning provided in s. 934.02 and includes, but is not limited to, photographs, video, telephone communications, text messages, facsimile, electronic mail messages as defined in s. 668.602, and instant message real-time communications with other individuals through the Internet or other means. (6) "Hate group" means an organization whose primary purpose is to promote animosity, hostility, and malice against a person or persons or against the property of a person or persons because of race, religion, disability, sexual orientation, ethnicity, or national origin. (7) "Terrorist organization" means any organized group engaged in or organized for the purpose of engaging in terrorism as defined in s. 775.30. This definition shall not be construed to prevent prosecution under this chapter of individuals acting alone. (Top) Georgia, (2007) 16-15-3. Definitions As used in this chapter, the term: (1) "Criminal street gang" means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in a pattern of criminal gang activity as defined in subsection (2) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics. (2) "Pattern of criminal gang activity" means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two of the following offenses, provided that at least one of these offenses occurred after July 1, 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity: (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the security of state or county correctional facilities; and (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody. (Top) Hawaii Idaho 18-8502. Definitions. As used in this chapter: (1) "Criminal gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, that has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity, having as one (1) of its primary activities the commission of one (1) or more of the criminal acts enumerated in Subsection (3) of this section. (2) "Criminal gang member" means any person who engages in a pattern of criminal gang activity and who meets two (2) or more of the following criteria: (a) Admits to gang membership; (b) Is identified as a gang member; (c) Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs, or its tattoos and associates with known gang members; (d) Has been arrested more than once in the company of identified gang members for offenses that are consistent with usual gang activity; (e) Is identified as a gang member by physical evidence such as photographs or other documentation; or (f) Has been stopped in the company of known gang members four (4) or more times. (3) "Pattern of criminal gang activity" means the commission, attempted commission, or solicitation of two (2) or more of the following offenses, provided that the offenses are committed on separate occasions or by two (2) or more gang members: (a) Robbery, as provided in Section 18-6501, Idaho Code; (b) Arson, as provided in Sections 18-801 through 18-804, Idaho Code; (c) Burglary, as provided in Sections 18-1401, 18-1403, 18-1405, and 18-1406, Idaho Code; (d) Murder or manslaughter, as provided, respectively, in Sections 18-4001 and 18-4006, Idaho Code; (e) Any violation of the provisions of Chapter 27, Title 37, Idaho Code, that involves possession with intent to deliver, distribution, delivery, or manufacturing of a substance prohibited therein; (f) Any unlawful use of a weapon that is a felony pursuant to Chapter 33, Title 18, Idaho Code; (g) Assault and battery, as provided in Chapter 9, Title 18, Idaho Code; v (h) Criminal solicitation, as provided in Section 18-2001, Idaho Code; (i) Computer crime, as provided in Section 18-2202, Idaho Code; (j) Theft, as provided in Sections 18-2401 and 18-2403, Idaho Code; (k) Evidence falsified or concealed and witnesses intimidated or bribed, as provided in Sections 18-2601 through 18-2606, Idaho Code; (l) Forgery and counterfeiting, as provided in Sections 18-3601 through 18-3603 and Sections 18-3605 through 18-3616, Idaho Code; (m) Gambling, as provided in Section 18-3802, Idaho Code; (n) Kidnapping, as provided in Sections 18-4501 through 18-4503, Idaho Code; (o) Mayhem, as provided in Section 18-5001, Idaho Code; (p) Prostitution, as provided in Sections 18-5601 through 18-5614, Idaho Code; (q) Rape, as provided in Sections 18-6101, 18-6108, and 18-6110, Idaho Code; (r) Racketeering, as provided in Section 18-7804, Idaho Code; (s) Malicious harassment, as provided in Section 18-7902, Idaho Code; (t) Terrorism, as provided in Section 18-8103, Idaho Code; or (u) Money laundering and illegal investment, as provided in Section 18-8201, Idaho Code. (Top) Illinois 147/10. Definitions "Course or pattern of criminal activity" means 2 or more gang-related criminal offenses committed in whole or in part within this State when: (1) at least one such offense was committed after the effective date of this Act; (2) both offenses were committed within 5 years of each other; and (3) at least one offense involved the solicitation to commit, conspiracy to commit, attempt to commit, or commission of any offense defined as a felony or forcible felony under the Criminal Code of 1961. "Street gang" or "gang" or "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity. For purposes of this Act, it shall not be necessary to show that a particular conspiracy, combination, or enjoining of persons possesses, acknowledges, or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age, or other qualifications, initiation rites, geographical or territorial sites or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy’s existence, in law or in fact, can be demonstrated by a preponderance of other competent evidence. However, any evidence reasonably tending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this Act. "Streetgang member" or "gang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang-related criminal activity, whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity. "Streetgang related" or "gang-related" means any criminal activity, enterprise, pursuit, or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer, or governing or policy-making person or authority, or by any agent, representative, or deputy of any such officer, person, or authority: (1) with the intent to increase the gang’s size, membership, prestige, dominance, control in any geographical area; or (2) with the intent to provide the gang with any advantage in, or any control or dominance over any criminal market sector, including but not limited to, the manufacture, delivery, or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity, or pornography; or that involves robbery, burglary, or theft; or (3) with the intent to exact revenge or retribution for the gang or any member of the gang; or (4) with the intent to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or (5) with the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence, or membership. (Top) Indiana § 20-20-30-1.  "Anti-Gang Counseling" Defined. As used in this chapter, "anti-gang counseling" refers to efforts described under section 8 [IC 20-20-30-8] of this chapter that are designed to discourage students from the following: (1) Becoming members of criminal gangs. (2) Engaging in criminal gang activity. Indiana 34-6-2-6. Aggrieved Person. "Aggrieved person," for purposes of IC 34-24-2, means any of the following: (1) A person who has an interest in property or in an enterprise that: (A) is the object of corrupt business influence (IC 35-45-6-2); or (B) has suffered damages or harm as a result of corrupt business influence (IC 35-45-6-2). (2) An individual whose personal safety is threatened by criminal gang (as defined in section 32 [IC 34-6-2-32] of this chapter) activity. (3) An individual or a business whose property value or business activity is negatively affected due to criminal gang (as defined in section 32 of this chapter) activity. (4) A political subdivision in which criminal gang (as defined in section 32 of this chapter) activity negatively affects the property values or business activity of the political subdivision or the personal safety of the political subdivision's residents. (5) The state. Indiana 35-45-9-1. "Criminal Gang" Defined As used in this chapter, "criminal gang" means a group with at least five (5) members that specifically: (1) either: (A) promotes, sponsors, or assists in; or (B) participates in; or (2) requires as a condition of membership or continued membership; the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery (IC 35-42-2-1). Indiana § 35-50-2-1.4.  "Criminal Gang" Defined. For purposes of section 15 of this chapter, "criminal gang" means a group with at least three members that specifically: (1) Either: (A) Promotes, sponsors, or assists in; or (B) Participates in; or (2) Requires as a condition of membership or continued membership; the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery (IC 35-42-2-1). (Top) Iowa 723A.1. Definitions 2. "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. 3. "Pattern of criminal gang activity" means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang. (Top) Kansas § 21-4226.   Same; Definitions. As used in K.S.A. 2006 Supp. 21-4225 through 21-4229, and amendments thereto: (a)  "Criminal street gang" means any organization, association, or group, whether formal or informal: (1)  Consisting of three or more persons; (2)  Having as one of its primary activities the commission of one or more person felonies, person misdemeanors, felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors; (3)  Which has a common name or common identifying sign or symbol; and (4)  Whose members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit, or solicitation of two or more person felonies, person misdemeanors, felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors or any substantially similar offense from another jurisdiction. (b)  "Criminal street gang member" is a person who: (1)  Admits to criminal street gang membership; or (2)  Meets three or more of the following criteria: (A)  Is identified as a criminal street gang member by a parent or guardian. (B)  Is identified as a criminal street gang member by a state, county, or city law enforcement officer; correctional officer; or documented reliable informant. (C)  Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information. (D)  Resides in or frequents a particular criminal street gang's area and adopts such gang's style of dress, color, use of hand signs, or tattoos, and associates with known criminal street gang members. (E)  Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity. (F)  Is identified as a criminal street gang member by physical evidence including, but not limited to, photographs or other documentation. (G)  Has been stopped in the company of known criminal street gang members two or more times. (H)  Has participated in or undergone activities self-identified or identified by a reliable informant as a criminal street gang initiation ritual. (c)  "Criminal street gang activity" means the commission or attempted commission of, or solicitation or conspiracy to commit, one or more person felonies, person misdemeanors, felony violations of the uniform controlled substances act, K.S.A. 65-4101, et seq., and amendments thereto, or the comparable juvenile offenses, which if committed by an adult would constitute the commission of such felonies or misdemeanors on separate occasions. (d)  "Criminal street gang associate" means a person who: (1)  Admits to criminal street gang association; or (2)  Meets two or more defining criteria for criminal street gang membership described in subsection (b)(2). (e)  For purposes of law enforcement identification and tracking only, "gang-related incident" means an incident that, upon investigation, meets any of the following conditions: (1)  The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang; (2)  A state, county, or city law enforcement officer; correctional officer; or reliable informant identifies an incident as criminal street gang activity; or (3)  An informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information. Kansas 21-4704.10 Is hereby amended to read as follows: If it is shown at sentencing that the offender committed any felony violation for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members, the offender’s sentence shall be presumed imprisonment. Any decision made by the court regarding the imposition of the optional nonprison sentence shall not be considered a departure and shall not be subject to appeal. As used in this subsection, "criminal street gang" means any organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more person felonies or felony violations of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto, which has a common name or common identifying sign or symbol, whose members, individually or collectively engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, or any substantially similar offense from another jurisdiction. (Top) Kentucky, (2000) an individual who solicits or entices another person to join a criminal gang is guilty of the crime of criminal gang recruitment. Ky. Rev. Stat. Ann. § 506.140 (2000). Louisiana 15:1404. Definitions A. As used in this Chapter, "criminal street gang" means any ongoing organization association, or group of three or more persons, whether formal or informal, which has as one of its primary activities the commission of one or more of the criminal acts enumerated in Paragraphs (1) through (8) of Subsection B of this Section or which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. B. As used in this Chapter, "pattern of criminal gang activity" means the commission or attempted commission of two or more of the following offenses, provided at least one of those offenses occurred after September 7, 1990 and the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions or by two or more persons: (1) Aggravated battery or second degree battery as defined in R.S. 14:34 and R.S. 14:34.1. (2) Armed robbery as defined in R.S. 14:64. (3) First or second degree murder or manslaughter, as defined in R.S. 14:30, 30.1, and 31. (4) The sale, possession for sale, transportation. manufacture, offer for sale or offer to manufacture controlled substances, as defined in R.S. 40:961 et seq. (5) Illegal use of weapons or dangerous instrumentalities, as defined in R.S. 14:94. (6) Aggravated arson as defined in R.S. 14:51. (7) Intimidating, impeding, or injuring witnesses; or injuring officers, as defined in R.S. 14:129.1. (8) Theft, as defined in R.S. 14:67, of any vehicle, trailer, or vessel. (Top) Maine Maryland 9-801. Definitions. (a) In general. -- In this subtitle the following words have the meanings indicated. (b) Coerce. -- "Coerce" means to compel or attempt to compel another by threat of harm or other adverse consequences. (c) Criminal gang. -- "Criminal gang" means a group or any association of three or more persons: (1) that forms to engage in criminal activity, including acts by juveniles that would be crimes if committed by adults, for the purposes of pecuniary gain or to create an atmosphere of fear and inmidation either collectively or with knowledge of the acts of the members of the group; and (2) whose members have a common identifying sign, symbol, or name. (d) Solicit. -- "Solicit" has the meaning stated in § 11-301 of this article. (Top) Massachusetts 265.44. Coercion of Child Under Eighteen Into Criminal Conspiracy; Penalties Whoever commits an assault and battery on a child under the age of eighteen for the purpose of causing or coercing such child to join or participate in a criminal conspiracy in violation of section seven of chapter two hundred and seventy-four, including but not limited to a criminal street gang or other organization of three or more persons which has a common name, identifying sign, or symbol and whose members individually or collectively engage in criminal activity, shall, for the first offense, be punished by imprisonment in the state prison for not less than three nor more than five years or by imprisonment in the house of correction for not more than two and one-half years; and for a second or subsequent offense by imprisonment in the state prison for not less than five nor more than ten years (Top) Michigan Minnesota 609.229. Crime Committed for Benefit of a Gang Subdivision 1. Definition As used in this section, "criminal gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that: (1) has, as one of its primary activities, the commission of one or more of the offenses listed in section 609.11, subdivision 9; (2) has a common name or common identifying sign or symbol; and (3) includes members who individually or collectively engage in or have engaged in a pattern of criminal activity. Minnesota 609.11. Minimum Sentences of Imprisonment Subd. 9. Applicable Offenses The crimes for which mandatory minimum sentences shall be served as provided in this section are: murder in the first, second, or third degree; assault in the first, second, or third degree; burglary; kidnapping; false imprisonment; manslaughter in the first or second degree; aggravated robbery; simple robbery; criminal sexual conduct under the circumstances described in sections 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to (e) and (h) to (j); escape from custody; arson in the first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e; possession or other unlawful use of a firearm in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (b), a felony violation of chapter 152; or any attempt to commit any of these offenses. Minnesota § 617.91 Definitions. "Gang activity" means the commission of one or more of the offenses listed in section 609.11, subdivision 9; criminal damage to property in the first or second degree under section 609.595, subdivision 1 or 1a; trespass under section 609.605; or disorderly conduct under section 609.72. (Top) Mississippi § 97-44-3. Definitions For the purposes of this chapter, the following words and phrases shall have the meanings ascribed herein, unless the context clearly requires otherwise: "Street gang" or "gang" or "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of three (3) or more persons with an established hierarchy that, through its membership or through the agency of any member, engages in felonious criminal activity. For purposes of this chapter, it shall not be necessary to show that a particular conspiracy, combination or conjoining of persons possesses, acknowledges or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age or other qualifications, initiation rites, geographical or territorial situs or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy’s existence, in law or in fact, can be demonstrated by a preponderance of the competent evidence. However, any evidence reasonably tending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this chapter. "Public authority" means the state and political subdivisions as defined in Section 11-46-1, Mississippi Code of 1972. "Street gang member" or "gang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a gang-related criminal activity, whether in a preparatory, executory or cover-up phase of any activity, or who knowingly performs, aids or abets any such activity.  "Street gang related" or "gang-related" means any criminal activity, enterprise, pursuit or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in, or ratified by any gang leader, officer or governing or policymaking person or authority, or by any agent, representative or deputy of any such officer, person or authority: With intent to increase the gang’s size, membership, prestige, dominance or control in any geographical area; or With intent to exact revenge or retribution for the gang or any member of the gang; or With intent to provide the gang with any advantage in, or any control or dominance over, any criminal market sector, including but not limited to the unlawful manufacture, delivery, possession or sale of controlled substances; arson; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity or pornography; or that involves robbery, armed robbery, burglary or larceny; or With intent to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or With intent to otherwise, directly or indirectly, cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence or membership. (Top) Missouri 578.421. Definitions (1) "Criminal street gang", any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (2) of this section, which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity; (2) "Pattern of criminal street gang activity", the commission, attempted commission, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after August 28, 1993, and the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions, or by two or more persons: (a) Assault with a deadly weapon or by means of force likely to cause serious physical injury, as provided in sections 565.050 and 565.060, RSMo; (b) Robbery, arson and those offenses under chapter 569, RSMo, which are related to robbery and arson; (c) Murder or manslaughter, as provided in sections 565.020 to 565.024, RSMo; (d) Any violation of the provisions of chapter 195, RSMo, which involves the distribution, delivery or manufacture of a substance prohibited by chapter 195, RSMo; (e) Unlawful use of a weapon which is a felony pursuant to section 571.030, RSMo; (f) Tampering with witnesses and victims, as provided in section 575.270, RSMo (Top) Montana 45-8-402 Definitions. As used in this part, the following definitions apply: (1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in 45-8-405, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity. (2) "Pattern of criminal street gang activity" has the meaning provided in 45-8-405. 45-8-405 Pattern of Criminal Street Gang Activity. (1) For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, attempt; adjudication as a delinquent youth for the commission, attempt, or solicitation; or conviction of two or more of the offenses listed in subsection (2) within a 3-year period, and that the offenses were committed on separate occasions. (2) The offenses that form a pattern of criminal street gang activity include: (a) deliberate homicide, as defined in 45-5-102; (b) assault with a weapon, as defined in 45-5-213; (c) intimidation, as defined in 45-5-203; (d) kidnapping, as defined in 45-5-302; (e) aggravated kidnapping, as defined in 45-5-303; (f) robbery, as defined in 45-5-401; (g) sexual intercourse without consent, as defined in 45-5-503; (h) aggravated promotion of prostitution, as defined in 45-5-603; (i) criminal mischief, as defined in 45-6-101; (j) arson, as defined in 45-6-103; (k) burglary, as defined in 45-6-204; (l) theft, as defined in 45-6-301; (m) forgery, as defined in 45-6-325; (n) tampering with witnesses and informants, as defined in 45-7-206; (o) bringing armed men into the state, as defined in 45-8-106; (p) unlawful possession of a firearm by a convicted person, as defined in 45-8-313; (q) carrying a concealed weapon, as defined in 45-8-316; (r) possession of a deadly weapon by a prisoner, as defined in 45-8-318; (s) possession of a destructive device, as defined in 45-8-334; (t) possession of explosives, as defined in 45-8-335; (u) possession of a sawed-off firearm, as defined in 45-8-340; (v) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9; (w) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403. (Top) Nebraska Nevada 193.168. Additional Penalty: Felony Committed to Promote Activities of Criminal Gang; Restriction on Probation; Expert Testimony 6. As used in this section, "criminal gang" means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which: (a) Has a common name or identifying symbol; (b) Has particular conduct, status and customs indicative of it; and (c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense. (Top) New Jersey 2C:33-29. Crime of Gang Criminality; "Criminal Street Gang" Defined; Grading of Offense a. A person is guilty of the crime of gang criminality if, while knowingly involved in criminal street gang activity, he commits, attempts to commit, or conspires to commit, whether as a principal or an accomplice, any crime specified in chapters 11 through 18, 20, 33, 35 or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-9. A crime is committed while involved in a criminal street gang related activity if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang. "Criminal street gang" means three or more persons associated in fact. Individuals are associated in fact if: (1) two of the following seven criteria that indicate criminal street gang membership apply: (a) self-proclamation; (b) witness testimony or official statement; (c) written or electronic correspondence; (d) paraphernalia or photographs; (e) tattoos; (f) clothing or colors; (g) any other indicia of street gang activity; and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed or conspired or attempted to commit, within the preceding five years from the date of the present offense, excluding any period of imprisonment, one or more offenses on separate occasions of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants or a violation of chapter 11, section 3, 4, 5, 6, or 7 of chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes. b. Grading. Gang criminality is a crime of one degree higher than the most serious underlying crime referred to in subsection a. of this section, except that where the underlying crime is a crime of the first degree, gang criminality is a first degree crime and the defendant, upon conviction, and notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment between 15 and 30 years. A sentence imposed upon conviction of the crime of gang criminality shall be ordered to be served consecutively to the sentence imposed upon conviction of any underlying offense referred to in subsection a. of this section. New Hampshire New Jersey 2C:44-3. Criteria for Sentence of Extended Term of Imprisonment h. The crime was committed while the defendant was knowingly involved in criminal street gang related activity. A crime is committed while the defendant was involved in criminal street gang related activity if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang. "Criminal street gang" means three or more persons associated in fact. Individuals are associated in fact if (1) they have in common a group name or identifying sign, symbol, tattoo or other physical marking, style of dress or use of hand signs or other indicia of association or common leadership, and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have  committed, conspired or attempted to commit , within the preceding three years,  two or more offenses of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, or a violation of chapter 11, section 3, 4, 5, 6 or 7 of chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes regardless of whether the prior offenses have resulted in convictions. (Top) New Mexico 31-18-15.2. Definitions As used in the Criminal Sentencing Act [this article]: A. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder; and B. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is: (1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses: (f) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8, NMSA 1978; (Top) New York S 120.06. Gang Assault in the Second Degree A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the second degree is a class C felony. New York S 120.07. Gang Assault in the First Degree A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the first degree is a class B felony. New York 9 NYCRR § 301.3. Types of Activities Not Allowed The following activities are not allowed on State property: (d) gang activity as defined herein: (1) The term gang as used herein mean any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or with the identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of gang activity. (2) The term gang member means any individual who is part of, associated with, or otherwise affiliated with a gang as defined in paragraph (1) of this subdivision. (3) Gang activity means the commission by a gang member, in a singular commission, attempt to commit, conspiring to commit, or the solicitation of a criminal act, on State property in the presence of two or more other gang members. (4) A pattern of gang activity means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same gang. (Top) North Carolina § 14-50.16. Pattern of Criminal Street Gang Activity (a) It is unlawful for any person employed by or associated with a criminal street gang to do either of the following: (1) To conduct or participate in a pattern of criminal street gang activity. (2) To acquire or maintain any interest in or control of any real or personal property through a pattern of criminal street gang activity. A violation of this section is a Class H felony, except that a person who violates subdivision (a)(1) of this section, and is an organizer, supervisor, or acts in any other position of management with regard to the criminal street gang, shall be guilty of a Class F felony. (b) As used in this Article, "criminal street gang" or "street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that: (1) Has as one of its primary activities the commission of one or more felony offenses, or delinquent acts that would be felonies if committed by an adult; (2) Has three or more members individually or collectively engaged in, or who have engaged in, criminal street gang activity; and (3) May have a common name, common identifying sign or symbol. (c) As used in this Article, "criminal street gang activity" means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit an act or acts, with the specific intent that such act or acts were intended or committed for the purpose, or in furtherance, of the person's involvement in a criminal street gang or street gang. An act or acts are included if accompanied by the necessary mens rea or criminal intent and would be chargeable by indictment under the following laws of this State: (1) Any offense under Article 5 of Chapter 90 of the General Statutes (Controlled Substances Act). (2) Any offense under Chapter 14 of the General Statutes except Articles 9, 22A, 40, 46, 47, 59 thereof; and further excepting G.S. 14-78.1, 14-82, 14-86, 14-145, 14-179, 14-183, 14-184, 14-186, 14-190.9, 14-195, 14-197, 14-201, 14-247, 14-248, 14-313 thereof. (d) As used in this Article, "pattern of criminal street gang activity" means engaging in, and having a conviction for, at least two prior incidents of criminal street gang activity, that have the same or similar purposes, results, accomplices, victims, or methods of commission or otherwise are interrelated by common characteristics and are not isolated and unrelated incidents, provided that at least one of these offenses occurred after December 1, 2008, and the last of the offenses occurred within three years, excluding any periods of imprisonment, of prior criminal street gang activity. Any offenses committed by a defendant prior to indictment for an offense based upon a pattern of street gang activity shall not be used as the basis for any subsequent indictments for offenses involving a pattern of street gang activity. North Carolina § 15A-1340.16. Aggravated and Mitigated Sentences. (d) Aggravating Factors.—The following are aggravating factors: (2a) The offense was committed for the benefit of, or at the direction of, any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, and the defendant was not charged with committing a conspiracy. A "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of felony or violent misdemeanor offenses, or delinquent acts that would be felonies or violent misdemeanors if committed by an adult, and having a common name or common identifying sign, colors, or symbols. (Top) North Dakota 12.1-06.2-01. Definitions. As used in this chapter, the term: 1. "Crime of pecuniary gain" means any violation of state law that directly results or was intended to result in the defendant alone, or in association with others, receiving income, benefit, property, money, or anything of value. 2. "Crime of violence" means any violation of state law where a person purposely or knowingly causes or threatens to cause death or physical bodily injury to another person or persons. 3. "Criminal street gang" means any ongoing organization or group of three or more persons, whether formal or informal, that acts in concert or agrees to act in concert with a purpose that any of those persons alone or in any combination commit or will commit two or more predicate gang crimes one of which occurs after August 1, 1995, and the last of which occurred within five years after the commission of a prior predicate gang crime. 4. "Participate in a criminal street gang" means to act in concert with a criminal street gang with intent to commit or with the intent that any other person associated with the criminal street gang will commit one or more predicate gang crimes. 5. "Predicate gang crime" means the commission, attempted commission, or solicitation of any felony, misdemeanor crime of violence, or misdemeanor crime of pecuniary gain. (Top) Ohio 2923.41. Definitions As used in sections 2923.41 to 2923.47 of the Revised Code: (A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of one or more of the offenses listed in division (B) of this section. (2) It has a common name or one or more common, identifying signs, symbols, or colors. (3) The persons in the organization, association, or group individually or collectively engage in or have engaged in a pattern of criminal gang activity. (B)(1) "Pattern of criminal gang activity" means, subject to division (B)(2) of this section, that persons in the criminal gang have committed, attempted to commit, conspired to commit, been complicitors in the commission of, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of two or more of any of the following offenses: (a) A felony or an act committed by a juvenile that would be a felony if committed by an adult; (b) An offense of violence or an act committed by a juvenile that would be an offense of violence if committed by an adult; (c) A violation of section 2907.04, 2909.06, 2911.211 [2911.21.1], 2917.04, 2919.23, or 2919.24 of the Revised Code, section 2921.04 or 2923.16 of the Revised Code, section 2925.03 of the Revised Code if the offense is trafficking in marihuana, or section 2927.12 of the Revised Code. (2) There is a "pattern of criminal gang activity" if all of the following apply with respect to the offenses that are listed in division (B)(1)(a), (b), or (c) of this section and that persons in the criminal gang committed, attempted to commit, conspired to commit, were in complicity in committing, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in committing: (a) At least one of the two or more offenses is a felony. (b) At least one of those two or more offenses occurs on or after the effective date of this section. (c) The last of those two or more offenses occurs within five years after at least one of those offenses. (d) The two or more offenses are committed on separate occasions or by two or more persons. (C) "Criminal conduct" means the commission of, an attempt to commit, a conspiracy to commit, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section or an act that is committed by a juvenile and that would be an offense, an attempt to commit an offense, a conspiracy to commit an offense, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section if committed by an adult. (Top) Oklahoma 10-7302-7.2. Definitions For the purposes of the Delinquency and Youth Gang Intervention and Prevention Act: 1. "At-risk neighborhoods and communities" means residential and business areas within a specific political subdivision with a history of assault or battery offenses, shootings or firearm-related offenses, substance abuse-related offenses, property and theft-related offenses, and known gang activity that are documented by local law enforcement agencies, and an incidence of reported juvenile crime or referrals for juvenile court intakes, or some combination of both such incidence and referrals as approved by the Department of Juvenile Justice and substantiated by local law enforcement agencies, that is significantly higher than the statewide statistical mean for such offenses, incidence, referrals, or combination; 2. "Children at highest risk of involvement with gangs or delinquent behaviors" means: a. Children and their family members living in at-risk neighborhoods and communities as defined in this section, b. Children living with family members who are gang members or associate with gang members, c. Children living with family members who have been adjudicated or convicted of a criminal offense, d. Children adjudicated delinquent and their family members, or e. Children who use alcohol or controlled substances or who have behavioral problems in school, with peers, family members, or authority figures, or some combination thereof; 3. "Delinquency and gang intervention and prevention programs and activities" includes but is not limited to the following for participating youth: Intensive school and school-related programs, such as tutoring and other educational services, vocational training and counseling, employment services, recreational opportunities, and counseling services, such as family counseling, mental health counseling, substance abuse outpatient treatment, education programs, and programs and services involving the family members of participating youth; and 4. "Family members" means children, siblings, parents, and other persons living in the immediate household. F. "Criminal street gang" means any ongoing organization, association, or group of five or more persons that specifically either promotes, sponsors, or assists in, or participates in, and requires as a condition of membership or continued membership, the commission of one or more of the following criminal acts: 1. Assault, battery, or assault and battery with a deadly weapon, as defined in Section 645 of this title; 2. Aggravated assault and battery as defined by Section 646 of this title; 3. Robbery by force or fear, as defined in Sections 791 through 797 of this title; 4. Robbery or attempted robbery with a dangerous weapon or imitation firearm, as defined by Section 801 of this title; 5. Unlawful homicide or manslaughter, as defined in Sections 691 through 722 of this title; 6. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled dangerous substances, as defined in Section 2-101 et seq. of Title 63 of the Oklahoma Statutes; 7. Trafficking in illegal drugs, as provided for in the Trafficking in Illegal Drugs Act, Section 2-414 of Title 63 of the Oklahoma Statutes; 8. Arson, as defined in Sections 1401 through 1403 of this title; 9. The influence or intimidation of witnesses and jurors, as defined in Sections 388, 455 and 545 of this title; 10. Theft of any vehicle, as described in Section 1720 of this title; 11. Rape, as defined in Section 1111 of this title; 12. Extortion, as defined in Section 1481 of this title; 13. Transporting a loaded firearm in a motor vehicle, in violation of Section 1289.13 of this title; 14. Transporting a weapon in, or discharging a weapon from, a boat, in violation of Section 1289.14 of this title; 15. Possession of a concealed weapon, as defined by Section 1289.8 of this title; or 16. Shooting or discharging a firearm, as defined by Section 652 of this title. (Top) Oregon Pennsylvania Pennsylvania Puerto Rico South Carolina/, (2007-2008) § 16-8-230. Definitions (read bill in Word). As used in this article: (1) "Contraband" means any real or personal property, including money, that is owned by, in the possession of, or subject to the control of a criminal gang member and which is acquired by, derived from, or traceable to criminal gang activity. (2) "Criminal gang" means a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal gang activity. (3) "Criminal gang member" means an individual who is an active member of a criminal gang. (4) "Pattern of criminal gang activity" means the commission or attempted commission of, commission as an accessory before or after the fact to, or solicitation or conspiracy to commit, by a criminal gang member, while knowingly and actively participating in criminal gang activity, four or more of the following offenses occurring within a two-year period, provided that at least three of these offenses occurred after July 1, 2007: (a) A violent offense as defined in Section 16-1-60 committed as a part of criminal gang activity; (b) Financial transaction card crimes as defined in Chapter 14 of Title 16 committed as a part of criminal gang activity; (c) First-degree lynching as defined in Section 16-3-210 committed as a part of criminal gang activity; (d) Second-degree lynching as defined in Section 16-3-220 committed as a part of criminal gang activity; (e) Breaking into a motor vehicle as defined in Section 16-13-160 committed as a part of criminal gang activity; (f) Grand larceny as defined in Section 16-13-30 committed as a part of criminal gang activity; (g) Blackmail as defined in Section 16-17-640 committed as a part of criminal gang activity; (h) Malicious injury to property as defined in Sections 16-11-510, 16-11-520, 16-11-530, and 16-11-535 committed as a part of criminal gang activity; (i) Drug offense as defined in Sections 44-53-370 and 44-53-375 committed as a part of criminal gang activity; (j) Harassment, stalking, or aggravated stalking as defined in Article 17, Chapter 3 of Title 16 committed as a part of criminal gang activity; (k) Pointing a firearm at any person as defined in Section 16-23-410 committed as a part of criminal gang activity; (l) Discharging a firearm at or into dwellings, structures, enclosures, vehicles, or equipment as defined in Section 16-23-440 committed as a part of criminal gang activity; (m) The common law offense of assault and battery of a high and aggravated nature committed as a part of criminal gang activity; or (n) The common law offense of obstruction of justice committed as a part of criminal gang activity. (5) "Gang-related incident" means an incident that, upon investigation, meets any of the following conditions: (a) The participants are identified as criminal gang members acting collectively to further a criminal purpose of the criminal gang; (b) A reliable informant identifies an incident as criminal gang activity based upon first-hand knowledge or personal observation; or (c) A person other than a reliable informant provides information that identifies an incident as criminal gang activity, and it is corroborated by independent information. (Top) South Dakota 22-10A-1. Street Gang—Definitions (1) "Street gang," a formal or informal ongoing organization, association or group of three or more persons who have a common name or common identifying signs, colors or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern of street gang activity; (2) "Street gang member," a person who engages in a pattern of street gang activity and who meets two or more of the following criteria: a) Admits to gang membership; b) Is identified as a gang member by a documented reliable informant; c) Resides in or frequents a particular gang’s area and adopts its style of dress, its use of hand signals or its tattoos and associates with known gang members; (d) Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information; (e) Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity; (f) Is identified as a gang member by physical evidence, such as photographs or other documentation; or (g) Has been stopped in the company of known gang members four or more times; and (3) "Pattern of street gang activity," the commission, attempted commission or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity. South Dakota 22-10A-1. (Effective July 1, 2006— Street Gang—Definitions Terms used in Sections 22-10A-1 to 22-10A-3, inclusive, mean: (1) "Street gang," any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern of street gang activity; (2) "Street gang member," any person who engages in a pattern of street gang activity and who meets two or more of the following criteria: (a) Admits to gang membership; (b) Is identified as a gang member by a documented reliable informant; (c) Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs, or its tattoos and associates with known gang members; (d) Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information; (e) Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity; (f) Is identified as a gang member by physical evidence, such as photographs or other documentation; or (g) Has been stopped in the company of known gang members four or more times; and (3) "Pattern of street gang activity," the commission, attempted commission, or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity. South Dakota 22-10A-1—Editor's Note Pursuant to SL 2005, Chapter 120, Section 355, SDCL 22-10-14 was transferred to Section 23A-10A-1, effective July 1, 2006. (Top) Tennessee 40-35-121. Criminal Gang Offenses—Enhanced Punishment—Procedure (a) As used in this section, unless the context otherwise requires: (1) "Criminal gang" means a formal or informal ongoing organization, association, or group consisting of three (3) or more persons that has: (A) As one (1) of its activities the commission of criminal acts; and (B) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity; (2) "Criminal gang member" is a person who is a member of a criminal gang, as defined in subdivision (a)(1), and who meets two (2) or more of the following criteria: (A) Admits to criminal gang involvement; (B) Is identified as a criminal gang member by a parent or guardian; (C) Is identified as a criminal gang member by a documented reliable informant; (D) Resides in or frequents a particular criminal gang’s area, adopts their style or dress, their use of hand signs or their tattoos, and associates with known criminal gang members; (E) Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information; (F) Has been arrested more than once in the company of identified criminal gang members for offenses which are consistent with usual criminal gang activity; or (G) Is identified as a criminal gang member by physical evidence such as photographs or other documentation; (3) "Criminal gang offense" means any violation of Tennessee law: (A) During the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person or persons and specifically includes rape of a child, aggravated rape and rape; or (B) That results, or was intended to result, in the defendant receiving income, benefit, property, money or anything of value from the illegal sale, delivery or manufacture of a controlled substance or firearm; and (4) (A) "Pattern of criminal gang activity" means prior convictions for the commission or attempted commission of, or solicitation or conspiracy to commit: (i) Two (2) or more criminal gang offenses that are classified as felonies; or (ii) Three (3) or more criminal gang offenses that are classified as misdemeanors; or (iii) One (1) or more criminal gang offense that is classified as a felony and two (2) or more criminal gang offenses that are classified as misdemeanors; and (iv) The criminal gang offenses are committed on separate occasions; and (v) The criminal gang offenses are committed within a five-year period. (A) (i) As used in this subsection, "prior conviction" means a criminal gang offense for which a criminal gang member was convicted prior to the commission of the instant criminal gang offense by the defendant and includes convictions occurring prior to July 1, 1997. Tennessee 49-6-4215. Wearing Clothing Denoting Gang Membership or Affiliation. (a) The LEAs of this state are hereby authorized to promulgate and adopt rules and regulations to prohibit the activities of criminal gangs on school property. Such rules and regulations may prohibit students in grades six through twelve (6–12) from: (1) Wearing, while on school property, any type of clothing, apparel or accessory, including that which denotes such students' membership in or affiliation with any criminal gang; (2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang; and (3) Any conduct that is seriously disruptive to the educational process or endangers persons or property. (b) The local law enforcement agency shall advise the local board, upon request, of criminal gangs and associated criminal gang activity. (c) As used in this section, "criminal gang" means a formal or informal ongoing organization, association, or group consisting of three (3) or more persons that has: (1) As one (1) of its activities the commission of criminal acts; and (2) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity. (Top) Texas Art. 61.01. Definitions In this chapter: (1) "Combination" and "criminal street gang" have the meanings assigned by Section 71.01, Penal Code. (2) "Child" has the meaning assigned by Section 51.02, Family Code. (3) "Criminal information" means facts, material, photograph, or data reasonably related to the investigation or prosecution of criminal activity. (4) "Criminal activity" means conduct that is subject to prosecution. (5) "Criminal justice agency" has the meaning assigned by Article 60.01 and also means a municipal or county agency, or school district law enforcement agency, that is engaged in the administration of criminal justice under a statute or executive order. (6) "Administration of criminal justice" has the meaning assigned by Article 60.01. (7) "Department" means the Department of Public Safety of the State of Texas. (8) "Intelligence database" means a collection or compilation of data organized for search and retrieval to evaluate, analyze, disseminate, or use intelligence information relating to a criminal combination or a criminal street gang for the purpose of investigating or prosecuting criminal offenses. (9) "Law enforcement agency" does not include the Texas Department of Criminal Justice or the Texas Youth Commission. Texas Sec. 71.01. Definitions In this chapter, (a) "Combination" means three or more persons who collaborate in carrying on criminal activities, although: (1) participants may not know each other’s identity; (2) membership in the combination may change from time to time; and (3) participants may stand in a wholesaler-retailer or other arm’s-length relationship in illicit distribution operations. (b) "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties. (c) "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02. (d) "Criminal street gang" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities. Texas 125.061. Definitions In this subchapter: (1) "Combination" and "criminal street gang" have the meanings assigned by Section 71.01, Penal Code. (2) "Continuously or regularly" means at least five times in a period of not more than 12 months. (3) "Gang activity" means the following types of conduct: (A) organized criminal activity as described by Section 71.02, Penal Code; (B) terroristic threat as described by Section 22.07, Penal Code; (C) coercing, soliciting, or inducing gang membership as described by Section 22.015, Penal Code; (D) criminal trespass as described by Section 30.05, Penal Code; (E) disorderly conduct as described by Section 42.01, Penal Code; (F) criminal mischief as described by Section 28.03, Penal Code, that causes a pecuniary loss of $ 500 or more; (G) a graffiti offense in violation of Section 28.08, Penal Code, that: (i) causes a pecuniary loss of $ 500 or more; or (ii) occurs at a school, an institution of higher education, a place of worship or human cemetery, a public monument, or a community center that provides medical, social, or educational programs; (H) a weapons offense in violation of Chapter 46, Penal Code; or (I) unlawful possession of a substance or other item in violation of Chapter 481, Health and Safety Code. (Top) Utah 76-9-802. Definitions As used in this part: (1) "Criminal street gang" means an organization, association in fact, or group of three or more persons, whether operated formally or informally: (a) that is currently in operation; (b) that has as one of its primary activities the commission of one or more predicate gang crimes; (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. (2) "Intimidate" means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. (3) "Minor" means a person younger than 18 years of age. (4) "Pattern of criminal gang activity" means: (a) committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years; (b) the predicate gang crimes are: (i) committed by two or more persons; or (ii) committed by an individual at the direction of, or in association with a criminal street gang; and (c) the criminal activity was committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang. (5) (a) "Predicate gang crime" means any of the following offenses: (i) any criminal violation of the following provisions: (A) Title 58, Chapter 37, Utah Controlled Substances Act; (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act; (C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; (ii) Sections 76-5-102 through 76-5-103.5, which address assault offenses; (iii) Title 76, Chapter 5, Part 2, Criminal Homicide; (iv) Sections 76-5-301 through 76-5-304, which address kidnapping and related offenses; (v) any felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses; (vi) Title 76, Chapter 6, Part 1, Property Destruction; (vii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass; (viii) Title 76, Chapter 6, Part 3, Robbery; (ix) any felony offense under Title 76, Chapter 6, Part 4, Theft, except Sections 76-6-404.5, 76-6-405, 76-6-407, 76-6-408, 76-6-409, 76-6-409.1, 76-6-409.3, 76-6-409.6, 76-6-409.7, 76-6-409.8, 76-6-409.9, 76-6-410, and 76-6-410.5; (x) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520; (xi) Title 76, Chapter 6, Part 11, Identity Fraud Act; (xii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except Sections 76-8-302, 76-8 303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312; (xiii) Section 76-8-508, which includes tampering with a witness; (xiv) Section 76-8-508.3, which includes retaliation against a witness or victim; (xv) Section 76-8-509, which includes extortion or bribery to dismiss a criminal proceeding; (xvi) Title 76, Chapter 10, Part 3, which addresses explosives; (xvii) Title 76, Chapter 10, Part 5, Weapons; (xviii) Title 76, Chapter 10, Part 15, Bus Passenger Safety Act; (xix) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act; (xx) Section 76-10-1801, which addresses communications fraud; (xxi) Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act; (xxii) Section 76-10-2002, which addresses burglary of a research facility; (xxiii) Title 41, Chapter 1a, Motor Vehicle Act: (A) Section 41-1a-1313, regarding possession of a motor vehicle without an identification number; (B) Section 41-1a-1315, regarding false evidence of title and registration; (C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles; (D) Section 41-1a-1317, regarding selling or buying a motor vehicle without an identification number; and (E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number. (b) "Predicate gang crime" also includes: (i) any state or federal criminal offense that by its nature involves a substantial risk that physical force may be used against another in the course of committing the offense; and (ii) any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of any offense in Subsection (4)(a) if committed in this state. Utah 78-57-102. Definitions (1) "Adult" means a person 18 years of age or older. (2) "Gang activity" means any criminal activity that is conducted as part of an organized youth gang. It includes any criminal activity that is done in concert with other gang members, or done alone if it is to fulfill gang purposes. "Gang activity" does not include graffiti. (3) "Minor offense" means any unlawful act that is a status offense or would be a class B or C misdemeanor, infraction, or violation of a municipal or county ordinance if the youth were an adult. "Minor offense" does not include: (a) class A misdemeanors; (b) felonies of any degree; (c) any offenses that are committed as part of gang activity; Utah 78A-6-1202. Definitions (1) "Adult" means a person 18 years of age or older. (2) "Gang activity" means any criminal activity that is conducted as part of an organized youth gang. It includes any criminal activity that is done in concert with other gang members, or done alone if it is to fulfill gang purposes. "Gang activity" does not include graffiti. (3) "Minor offense" means any unlawful act that is a status offense or would be a class B or C misdemeanor, infraction, or violation of a municipal or county ordinance if the youth were an adult. "Minor offense" does not include: (a) class A misdemeanors; (b) felonies of any degree; (c) any offenses that are committed as part of gang activity; (d) any of the following offenses which would carry mandatory dispositions if referred to the juvenile court under Section 78A-6-606: (i) a second violation of Section 32A-12-209, Unlawful Purchase, Possession or Consumption by Minors -- Measurable Amounts in Body; (ii) a violation of Section 41-6a-502, Driving Under the Influence; (iii) a violation of Section 58-37-8, Controlled Substances Act; (iv) a violation of Title 58, Chapter 37a, Utah Drug Paraphernalia Act; (v) a violation of Title 58, Chapter 37b, Imitation Controlled Substances Act; or (vi) a violation of Section 76-9-701, Intoxication; or (e) any offense where a dangerous weapon, as defined in Subsection 76-1-601(5), is used in the commission of the offense. (4) "Sponsoring entity" means any political subdivision of the state, including a school or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or town. (5) "Status offense" means a violation of the law that would not be a violation but for the age of the offender. (6) "Youth" means a person under the age of 18 years or who is 18 but still attending high school. (Top) Vermont Virginia 18.2-46.1. Definitions  As used in this article unless the context requires otherwise or it is otherwise provided: "Act of violence" means those felony offenses described in Subsection A of Section 19.2-297.1. "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction. "Predicate criminal act" means (i) an act of violence; (ii) any violation of Section 18.2-42, 18.2-46.3, 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, Subsection H, H1, or H2 of Section 18.2-248, Section 18.2-248.01, 18.2-255, 18.2-255.2, 18.2-286.1, 18.2-287.4, or 18.2-308.1; (iii) a second or subsequent felony violation of Subsection C of Section 18.2-248 or of Section 18.2-248.1; (iv) any violation of a local ordinance adopted pursuant to Section 15.2-1812.2; or (v) any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States. (Top) Washington 9.94A.030. Definitions Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (15) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents. (16) "Criminal street gang associate or member" means any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang. (17) "Criminal street gang-related offense" means any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons: (a) To gain admission, prestige, or promotion within the gang; (b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any geographical area; (c) To exact revenge or retribution for the gang or any member of the gang; (d) To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; (e) To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or (f) To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance (chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); or promoting pornography (chapter 9.68 RCW). (36) "Pattern of criminal street gang activity" means: (a) The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses: (i) Any "serious violent" felony offense as defined in RCW 9.94A.030, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a Child 1 (RCW 9A.36.120); (ii) Any "violent" offense as defined by RCW 9.94A.030, excluding Assault of a Child 2 (RCW 9A.36.130); (iii) Deliver or Possession with Intent to Deliver a Controlled Substance (chapter 69.50 RCW); (iv) Any violation of the firearms and dangerous weapon act (chapter 9.41 RCW); (v) Theft of a Firearm (RCW 9A.56.300); (vi) Possession of a Stolen Firearm (RCW 9A.56.310); (vii) Malicious Harassment (RCW 9A.36.080); (viii) Harassment where a subsequent violation or deadly threat is made (RCW 9A.46.020(2)(b)); (ix) Criminal Gang Intimidation (RCW 9A.46.120); (x) Any felony conviction by a person eighteen years of age or older with a special finding of involving a juvenile in a felony offense under section 302 of this act; (xi) Residential Burglary (RCW 9A.52.025); (xii) Burglary 2 (RCW 9A.52.030); (xiii) Malicious Mischief 1 (RCW 9A.48.070); (xiv) Malicious Mischief 2 (RCW 9A.48.080); (xv) Theft of a Motor Vehicle (RCW 9A.56.065); (xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068); (xvii) Taking a Motor Vehicle Without Permission 1 (RCW 9A.56.070); (xviii) Taking a Motor Vehicle Without Permission 2 (RCW 9A.56.075); (xix) Extortion 1 (RCW 9A.56.120); (xx) Extortion 2 (RCW 9A.56.130); (xxi) Intimidating a Witness (RCW 9A.72.110); (xxii) Tampering with a Witness (RCW 9A.72.120); (xxiii) Reckless Endangerment (RCW 9A.36.050); (xxiv) Coercion (RCW 9A.36.070); (xxv) Harassment (RCW 9A.46.020); or (xxvi) Malicious Mischief 3 (RCW 9A.48.090); (b) That at least one of the offenses listed in (a) of this subsection shall have occurred after July 1, 2008; (c) That the most recent committed offense listed in (a) of this subsection occurred within three years of a prior offense listed in (a) of this subsection; and (d) Of the offenses that were committed in (a) of this subsection, the offenses occurred on separate occasions or were committed by two or more persons. Washington 9.101.010. Criminal Street Gang Definitions—State Preemption (1) The state of Washington hereby fully occupies and preempts the entire field of definitions used for purposes of substantive criminal law relating to criminal street gangs, criminal street gang-related offenses, criminal street gang associates and members, and pattern of criminal street gang activity. These definitions of "criminal street gang," "criminal street gang associate or member," "criminal street gang-related offense," and "pattern of criminal street gang activity" contained in RCW 9.94A.030 expressly preempt any conflicting city or county codes or ordinances. Cities, towns, counties, or other municipalities may enact laws and ordinances relating to criminal street gangs that contain definitions that are consistent with definitions pursuant to RCW 9.94A.030. Local laws and ordinances that are inconsistent with the definitions shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality. (2) The preemption provided in this chapter does not apply to "gang" as defined in RCW 28A.600.455 under the common school provisions act or "gang" as defined in RCW 59.18.030 under the landlord-tenant act. (3) The preemption provided for in this chapter does not restrict the adoption or use of a uniform state definition of "gang," "gang member," or "gang associate," for purposes of the creation and maintenance of the statewide gang database for law enforcement intelligence purposes under section 201 of this act. Washington 28A.600.455. Gang Activity—Suspension or Expulsion (1) A student who is enrolled in a public school or an alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang activity on school grounds. (2) "Gang" means a group which (a) consists of three or more persons; (b) has identifiable leadership; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes. Washington 43.310.007. Intent—Prevention and Intervention Pilot Programs It is the intent of the legislature to cause the development of positive prevention and intervention pilot programs for elementary- and secondary-aged youth through cooperation between individual schools, local organizations, and government. It is also the intent of the legislature that, if the prevention and intervention pilot programs are determined to be effective in reducing problems associated with youth gang violence, other counties in the state be eligible to receive special state funding to establish similar positive prevention and intervention programs. Washington 43.310.010. Definitions Unless the context otherwise requires, the following definitions shall apply throughout RCW 43.310.005 through 43.310.040 and *sections 5 and 7 through 10, chapter 497, Laws of 1993: (1) "School" means any public school within a school district any portion of which is in a county with a population of over one hundred ninety thousand. (2) "Community organization" means any organization recognized by a city or county as such, as well as private, nonprofit organizations registered with the secretary of state. (3) "Gang risk prevention and intervention pilot program" means a community-based positive prevention and intervention program for gang members, potential gang members, at-risk youth, and elementary- through high school-aged youth directed at all of the following: (a) Reducing the probability of youth involvement in gang activities and consequent violence. (b) Establishing ties, at an early age, between youth and community organizations. (c) Committing local business and community resources to positive programming for youth. (d) Committing state resources to assist in creating the gang risk prevention and intervention pilot programs. (4) "Cultural awareness retreat" means a program that temporarily relocates at-risk youth or gang members and their parents from their usual social environment to a different social environment, with the specific purpose of having them performing activities which will enhance or increase their positive behavior and potential life successes. Washington 43.310.020. Gang Risk Prevention and Intervention Pilot Programs—Request for Proposals (1) The department of community, trade, and economic development may recommend existing programs or contract with either school districts or community organizations, or both, through a request for proposal process for the development, administration, and implementation in the county of community-based gang risk prevention and intervention pilot programs. (2) Proposals by the school district for gang risk prevention and intervention pilot program grant funding shall begin with school years no sooner than the 1994-95 session, and last for a duration of two years. (3) The school district or community organization proposal shall include: (a) A description of the program goals, activities, and curriculum. The description of the program goals shall include a list of measurable objectives for the purpose of evaluation by the department of community, trade, and economic development. To the extent possible, proposals shall contain empirical data on current problems, such as drop-out rates and occurrences of violence on and off campus by school-aged individuals. (b) A description of the individual school or schools and the geographic area to be affected by the program. (c) A demonstration of broad-based support for the program from business and community organizations. (d) A clear description of the experience, expertise, and other qualifications of the community organizations to conduct an effective prevention and intervention program in cooperation with a school or a group of schools. (e) A proposed budget for expenditure of the grant. (4) Grants awarded under this section may not be used for the administrative costs of the school district or the individual school. Washington 43.310.030. Gang Risk Prevention and Intervention Pilot Programs—Scope Gang risk prevention and intervention pilot programs shall include, but are not limited to: (1) Counseling for targeted at-risk students, parents, and families, individually and collectively. (2) Exposure to positive sports and cultural activities, promoting affiliations between youth and the local community. (3) Job training, which may include apprentice programs in coordination with local businesses, job skills development at the school, or information about vocational opportunities in the community. (4) Positive interaction with local law enforcement personnel. (5) The use of local organizations to provide job search training skills. (6) Cultural awareness retreats. (7) The use of specified state resources, as requested. (8) Full service schools under *section 9 of this act. (9) Community service such as volunteerism and citizenship. Washington 59.18.030. Definitions As used in this chapter: (10) "Gang" means a group that: (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes. (11) "Gang-related activity" means any activity that occurs within the gang or advances a gang purpose. (Top) West Virginia Wisconsin 895.77. Injury Caused by Criminal Gang Activity (1) DEFINITIONS. In this section: (a) "Criminal gang" has the meaning given in Section 939.22 (9). (b) "Criminal gang activity" has the meaning given in Section 941.38 (1) (b). (c) "Political subdivision" means a city, village, town, or county. (2) CIVIL CAUSE OF ACTION. (a) The state, a school district, or a political subdivision may bring an action in circuit court for any expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources if the expenditure of money by the state, a school district, or a political subdivision is the result of criminal gang activity. (b) Any person who suffers physical injury or incurs property damage or loss resulting from any criminal gang activity has a cause of action for the actual damages sustained. The burden of proof in a civil action under this paragraph rests with the person who suffers the physical injury or property damage or loss to prove his or her case by a preponderance of the credible evidence. (c) The action may be brought against the criminal gang or against any member, leader, officer, or organizer of a criminal gang who participates in a criminal gang activity or who authorizes, causes, orders, ratifies, requests, or suggests a criminal gang activity. An action brought under this subsection shall also name as defendants the criminal gang and any criminal gang members that participated in the criminal gang activity. An action brought under this subsection may name, as a class of defendants, all unknown criminal gang members. (d) The plaintiff may bring a civil action under this subsection regardless of whether there has been a criminal action related to the injury, property damage, or loss or expenditure of money under Paragraph (a) or (b) and regardless of the outcome of that criminal action. (3) SERVICE OF PROCESS. A summons may be served individually upon any member, leader, officer, or organizer of a criminal gang by service as provided under Section 801.11 (1), (2), (5), or (6) where the claim sued upon arises out of or relates to criminal gang activity within this state sufficient to subject a defendant to personal jurisdiction under Section 801.05 (2) to (10). A judgment rendered after service under this subsection is a binding adjudication against the criminal gang. (4) INJUNCTIVE RELIEF, DAMAGES, COSTS, AND FEES. (a) The court, upon the request of the state, a school district, or a political subdivision, may grant an injunction restraining an individual from committing an act that would injure the state, a school district, or a political subdivision or may order such other relief as the court determines is proper. (b) The court may order a criminal gang member to divest himself or herself of any interest or involvement in any criminal gang activity and may restrict a criminal gang member from engaging in any future criminal gang activity. (c) In addition to the costs allowed under Section 814.04, a final judgment in an action under Subsection (2) (a) in favor of the plaintiff shall include compensatory damages for the expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources caused by the criminal gang activity and compensation for the costs of the investigation and prosecution and reasonable attorney fees. (d) In addition to the costs allowed under Section 814.04, a final judgment in an action under Subsection (2) (b) in favor of the plaintiff shall include attorney fees and the costs of the investigation and litigation. (e) The final judgment in favor of the plaintiff in an action under Subsection (2) (a) or (b) may include punitive damages assessed against a criminal gang leader, officer, organizer, or member who is found to have participated in criminal gang activity. Wisconsin 939.22. Words and Phrases Defined In Chapters 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in Section 948.01 for purposes of Chapter 948: (9) "Criminal gang" means an ongoing organization, association, or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult, specified in Section 939.22 (21) (a) to (s); that has a common name or a common identifying sign or symbol; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. (9g) "Criminal gang member" means any person who participates in criminal gang activity, as defined in Section 941.38 (1) (b), with a criminal gang. (21) "Pattern of criminal gang activity" means the commission of, attempt to commit, or solicitation to commit two or more of the following crimes, or acts that would be crimes if the actor were an adult, at least one of those acts or crimes occurs after December 25, 1993, the last of those acts or crimes occurred within three years after a prior act or crime, and the acts or crimes are committed, attempted, or solicited on separate occasions or by two or more persons: (a) Manufacture, distribution, or delivery of a controlled substance or controlled substance analog, as prohibited in Section 961.41 (1). (b) First-degree intentional homicide, as prohibited in Section 940.01. (c) Second-degree intentional homicide, as prohibited in Section 940.05. (d) Battery, as prohibited in Section 940.19 or 940.195. (e) Battery, special circumstances, as prohibited in Section 940.20. (em) Battery or threat to witness, as prohibited in Section 940.201. (f) Mayhem, as prohibited in Section 940.21. (g) Sexual assault, as prohibited in Section 940.225. (h) False imprisonment, as prohibited in Section 940.30. (i) Taking hostages, as prohibited in Section 940.305. (j) Kidnapping, as prohibited in Section 940.31. (k) Intimidation of witnesses, as prohibited in Section 940.42 or 940.43. (L) Intimidation of victims, as prohibited in Section 940.44 or 940.45. (m) Criminal damage to property, as prohibited in Section 943.01. (mg) Criminal damage to or threat to criminally damage the property of a witness, as prohibited in Section 943.011 or 943.017 (2m). (n) Arson of buildings or damage by explosives, as prohibited in Section 943.02. (o) Burglary, as prohibited in Section 943.10. (p) Theft, as prohibited in Section 943.20. (q) Taking, driving, or operating a vehicle, or removing a part or component of a vehicle, without the owners consent, as prohibited in Section 943.23. (r) Robbery, as prohibited in Section 943.32. (s) Sexual assault of a child, as prohibited in Section 948.02. (t) Repeated acts of sexual assault of the same child, as prohibited in Section 948.025. Wisconsin 941.38. Criminal Gang Member Solicitation and Contact (1) In this section: (a) "Child" means a person who has not attained the age of 18 years. (b) "Criminal gang activity" means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of, or in association with any criminal gang, with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members: 1. Manufacture, distribution, or delivery of a controlled substance or controlled substance analog, as prohibited in Section 961.41 (1). 2. First-degree intentional homicide, as prohibited in Section 940.01. 3. Second-degree intentional homicide, as prohibited in Section 940.05. 4. Battery, as prohibited in Section 940.19 or 940.195. 5. Battery, special circumstances, as prohibited in Section 940.20. 5m. Battery or threat to witness, as prohibited in Section 940.201. 6. Mayhem, as prohibited in Section 940.21. 7. Sexual assault, as prohibited in Section 940.225. 8. False imprisonment, as prohibited in Section 940.30. 9. Taking hostages, as prohibited in Section 940.305. 10. Kidnapping, as prohibited in Section 940.31. 11. Intimidation of witnesses, as prohibited in Section 940.42 or 940.43. 12. Intimidation of victims, as prohibited in Section 940.44 or 940.45. 13. Criminal damage to property, as prohibited in Section 943.01. 13m. Criminal damage to or threat to criminally damage the property of a witness, as prohibited in Section 943.011 or 943.017 (2m). 14. Arson of buildings or damage by explosives, as prohibited in Section 943.02. 15. Burglary, as prohibited in Section 943.10. 16. Theft, as prohibited in Section 943.20. 17. Taking, driving, or operating a vehicle, or removing a part or component of a vehicle, without the owners consent, as prohibited in Section 943.23. 18. Robbery, as prohibited in Section 943.32. 19. Sexual assault of a child, as prohibited in Section 948.02. 20. Repeated acts of sexual assault of the same child, as prohibited in Section 948.025. (2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class I felony. (3) Whoever intentionally violates, under all of the following circumstances, a court order to refrain from contacting a criminal gang member is guilty of a Class A misdemeanor: (a) The court finds that the person who is subject to the court order is a criminal gang member. (b) The court informs the person of the contact restriction orally and in writing. (c) The order specifies how long the contact restriction stays in effect. 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