(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:
a. Assault, as defined in Section 612 or 613 of this title.
b. Any criminal acts causing death as defined in Sections 632–636 of this title.
c. Any criminal acts relating to sexual offenses defined in Sections 768–780 of this title.
d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in Sections 782–783A of this title.
e. Any criminal acts of arson as defined in Sections 801–803 of this title.
f. Any criminal acts relating to burglary which are defined in Sections 824–826 of this title.
g. Any criminal acts relating to robbery which are defined in Sections 831 and 832 of this title.
h. Any criminal acts relating to theft or extortion which are defined in Section 841, 849, or 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.
i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking, or bombs which are defined in Section 1302, 1303 [repealed], 1304, 1312A, or 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.
j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in Section 1442, 1444, 1447–1448, 1449, 1450, 1451, 1454, or 1455 of this title.
k. Any criminal acts involving controlled substances which are defined by Section 4751, 4752, 4753A, 4755, 4756, 4761, or 4761A of Title 16.
(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.
(Top) (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.
(a) A person is guilty of the act of graffiti when the person damages public or private real or personal property without the permission of the owner by knowingly, purposely or recklessly drawing, painting or making any significant mark or inscription thereon.
(b)(1) The penalty for a first offense of the act of graffiti shall be a mandatory fine of not less than $200 nor more than $1,000, the first $200 of which shall not be suspendable, plus restitution for the damages to the property and 200 hours of community service, at least half of which shall be served removing graffiti on public property.
(2) For second and subsequent offenses, the nonsuspendable portion of the fine shall increase to $500, and the hours of community service shall increase to 400.