Highlights of Gang-Related Legislation
Spring 2008

46 states and the District of Columbia (DC) have enacted some form of legislation relating to gangs. As of spring 2008, the legislature of a 47th state, Wyoming, was considering adopting gang-related statutes.
Gang prevention legislation is gaining momentum, with nearly one-fourth of all states having passed gang prevention laws.
15 states and DC have enacted anti-carjacking statutes.
One-half of the states have laws that provide for enhanced penalties for gang-related criminal acts.
Over half of the states’ legislatures have laws against graffiti.
22 states’ public nuisance laws count gang activity among the factors in determining a nuisance. Indiana has defined real estate/dwellings as “psychologically affected property” if they are the locations of criminal gang activity. By law, this factor must be disclosed in real estate transactions.
36 states and DC have legislation that defines “gang.”
21 states define “gang crime/activity.”
21 states have legislation on gangs and schools.
Only 10 percent of the states have enacted laws that address gangs within correctional facilities.