Current through the 2023 Regular Session
Section 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, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which 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 sex trafficking, as defined in 45-5-706;(i) child sex trafficking, as defined in 45-5-711;(j) criminal mischief, as defined in 45-6-101;(k) arson, as defined in 45-6-103;(l) burglary, as defined in 45-6-204;(m) theft, as defined in 45-6-301;(n) forgery, as defined in 45-6-325;(o) tampering with witnesses and informants, as defined in 45-7-206;(p) bringing armed individuals into the state, as defined in 45-8-106;(q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313;(r) carrying a concealed weapon, as defined in 45-8-316;(s) possession of a deadly weapon by a prisoner, as defined in 45-8-318;(t) possession of a destructive device, as defined in 45-8-334;(u) possession of explosives, as defined in 45-8-335;(v) possession of a sawed-off firearm, as defined in 45-8-340;(w) 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;(x) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403.Amended by Laws 2023, Ch. 167,Sec. 21, eff. 4/19/2023.En. Sec. 5, Ch. 285, L. 1997; amd. Sec. 10, Ch. 432, L. 1999; amd. Sec. 1718, Ch. 56, L. 2009.