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.
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.
The following activities are not allowed on State property:
(d) gang activity as defined herein:
(1) The term gang as used herein 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 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)1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.
2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.
Making graffiti is a class A misdemeanor.
A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property.
Possession of graffiti instruments is a class B misdemeanor.
When a person is convicted of an offense defined in section 145.60 or 145.65 of this chapter, or of an attempt to commit such offense, and the sentence imposed by the court for such conviction includes a sentence of probation or conditional discharge, the court shall, where appropriate, include as a condition of such sentence the defendant’s successful participation in a graffiti removal program pursuant to paragraph (h) of subdivision two of section 65.10 of this chapter.
(Top)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.
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.