F. Assisting a criminal syndicate is a class 4 felony. If committed for the benefit of, at the direction of, or in association with any criminal street gang with the intent to promote, further or assist any criminal conduct by the gang, assisting a criminal syndicate is a class 3 felony.
G. A person who violates subsection A, paragraph 1, 2, 3 or 4 of this section for the benefit of, at the direction of or in association with any criminal street gang, with the intent to promote, further or assist any criminal conduct by the gang, is guilty of a class 2 felony.
H. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.
(Top)Notwithstanding Subdivisions (a) or (b) of Section 182, any person who actively participates in any criminal street gang, as defined in Subdivision (f) of Section 186.22, with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, as defined in Subdivision (e) of Section 186.22, and who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that gang is guilty of conspiracy to commit that felony and may be punished as specified in Subdivision (a) of Section 182.
(a) Any 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 willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.
(Top)(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) (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 6 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 5 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 10 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 6 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).
(a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang through a pattern of criminal gang activity.
(b) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived there from any interest in or control of any real or personal property of any nature, including money.
(c) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity.
(d) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang.
(e) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang.
(f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang.
(g)(1) Any person who violates subsection (a) or (b) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three nor more than 15 years or by a fine of not less than $5,000.00 nor more than $10,000.00, or both.
(2) Any person who violates subsection (c) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law.
(3) Any person who violates subsection (d), (e), or (f) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one nor more than ten years.
(h) Any crime committed in violation of this Code section shall be considered a separate offense.
(Top)(a) A person commits the offense of unlawful contact with streetgang members when:
(1) He or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10] after having been sentenced to probation, conditional discharge, or supervision for a criminal offense with a condition of such sentence being to refrain from direct or indirect contact with a streetgang member or members; or
(2) He or she knowingly has direct or indirect contact with a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10] after having been released on bond for any criminal offense with a condition of such bond being to refrain from direct or indirect contact with a streetgang member or members.
(b) Unlawful contact with streetgang members is a Class A misdemeanor.
(c) This Section does not apply to a person when the only streetgang member or members he or she is with is a family or household member or members as defined in paragraph (3) of Section 112A-3 of the Code of Criminal Procedure of 1963 [720 ILCS 5/112A-3] and the streetgang members are not engaged in any streetgang-related activity.
(Top)(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
A person who knowingly or intentionally actively participates in a criminal gang commits criminal gang activity, a Class D felony.
(Top)A person who actively participates in or is a member of a criminal street gang and who willfully aids and abets any criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang, commits a class "D" felony.
(Top)A. Any person who intentionally directs, participates, conducts, furthers, or assists in the commission of a pattern of criminal gang activity as defined in this Chapter shall be punished by imprisonment for not less than one year nor more than one-half of the maximum term of imprisonment provided for an underlying offense committed in a pattern of criminal gang activity and may be fined an amount not to exceed ten thousand dollars. Any sentence of imprisonment imposed pursuant to this Section shall be in addition and consecutive to any sentence imposed for an underlying offense committed in the pattern of criminal gang activity.
B. Any person who is convicted of a felony or an attempted felony which is committed for the benefit of, at the direction of, or in association with any criminal street gang, with the intent to promote, further, or assist in the affairs of a criminal gang, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be imprisoned for not less than one year nor more than one-half of the maximum term of imprisonment provided for that offense.
C. Any person who is convicted of an offense other than a felony which is 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 or enterprise by gang members, shall, in addition and consecutive to the penalty provided for that offense, be imprisoned for an additional period of six months.
D. The court may elect to suspend all or a part of any additional mandatory punishment or enhanced punishment provided for in this Chapter only in an unusual case where the interests of justice would best be served, and if the court specifies on the record and enters into the minutes the reasons that the interests of justice would best be served by that suspension of punishment.
(Top)A person who commits a crime for the benefit of, at the direction of, in association with, or motivated by involvement with a criminal gang, with the intent to promote, further, or assist in criminal conduct by gang members is guilty of a crime and may be sentenced as provided in subdivision 3.
(a) If the crime committed in violation of subdivision 2 is a felony, the statutory maximum for the crime is five years longer than the statutory maximum for the underlying crime.
(b) If the crime committed in violation of subdivision 2 is a misdemeanor, the person is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $15,000, or both.
(Top)Missouri 578.423. Participating knowingly in criminal street gang activities, penalty-persons between ages of fourteen and seventeen participating to be transferred to courts of general jurisdiction
Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal street gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by gang members shall be punished by imprisonment in the county jail for a period not to exceed one year, or by imprisonment in a state correctional facility for one, two, or three years. For any person between the ages of fourteen and seventeen who is alleged to have violated the provisions of sections 578.421 to 578.437 the prosecuting attorney or circuit attorney may move for dismissal of a petition and transfer to a court of general jurisdiction.
(Top)(A) No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of section 2923.41 of the Revised Code, or shall purposely commit or engage in any act that constitutes criminal conduct, as defined in division (C) of section 2923.41 of the Revised Code.
(B) Whoever violates this section is guilty of participating in a criminal gang, a felony of the second degree.
(Top)(a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, he commits or conspires to commit one or more of the following:
(1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, or forgery;
(2) any felony gambling offense;
(3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;
(6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;
(7) any unlawful employment, authorization, or inducing of a child younger than 17 years of age in an obscene sexual performance;
(8) any felony offense under Chapter 32, Penal Code; or
(9) any offense under Chapter 36, Penal Code.
(b) Except as provided in Subsection c of this section, an offender under this section is one category higher than the most serious offense listed in Subdivision (1) through (9) of Subsection (a) of this section that was committed, and if the most serious offense is a Class A misdemeanor, the felony is an offense of the third degree, except that if the most serious offense is a felony of the first degree, the offense is a felony of the first degree.
(c) Conspiring to commit and offense under this section is of the same degree as the most serious offense listed in Subdivisions (1) through (9) of Subsection (a) of this section that the person conspired to commit.
(Top)A. Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang shall be guilty of a Class 5 felony. However, if such participant in or member of a criminal street gang is age 18 years or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant, he shall be guilty of a Class 4 felony.
B. Violation of this section 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.