12.1-06.2 Criminal Street Gangs
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<![CDATA[CHAPTER 12.1-06.2CRIMINAL STREET GANGS12.1-06.2-01. Definitions. As used in this chapter, the term:1."Crime of pecuniary gain" means any violation of state law that directly results or<br>was intended to result in the defendant alone, or in association with others, receiving<br>income, benefit, property, money, or anything of value.2."Crime of violence" means any violation of state law where a person purposely or<br>knowingly causes or threatens to cause death or physical bodily injury to another<br>person or persons.3."Criminal street gang" means any ongoing organization or group of three or more<br>persons, whether formal or informal, that acts in concert or agrees to act in concert<br>with a purpose that any of those persons alone or in any combination commit or will<br>commit two or more predicate gang crimes one of which occurs after August 1,<br>1995, and the last of which occurred within five years after the commission of a prior<br>predicate gang crime.4."Participate in a criminal street gang" means to act in concert with a criminal street<br>gang with intent to commit or with the intent that any other person associated with<br>the criminal street gang will commit one or more predicate gang crimes.5."Predicate gang crime" means the commission, attempted commission, or<br>solicitation of any felony, misdemeanor crime of violence, or misdemeanor crime of<br>pecuniary gain.12.1-06.2-02. Criminal street gang crime - Penalty. Any person who commits a felonyor class A misdemeanor crime of violence or crime of pecuniary gain for the benefit of, at the<br>direction of, or in association with any criminal street gang, with the intent to promote, further, or<br>assist in the affairs of a criminal gang, or obtain membership into a criminal gang, is guilty of a<br>class C felony.12.1-06.2-03. Encouraging minors to participate in criminal street gang - Penalty.1.Any person eighteen years of age or older who knowingly or willfully causes, aids,<br>abets, encourages, solicits, or recruits a person under the age of eighteen years to<br>participate in a criminal street gang is upon conviction guilty of a class C felony.2.Nothing in this section may be construed to limit prosecution under any other<br>provision of law.12.1-06.2-04.Local ordinances not preempted.Nothing in this chapter may beconstrued as preventing a local governing body from adopting and enforcing ordinances relating<br>to gangs and gang-related violence.Page No. 1Document Outlinechapter 12.1-06.2 criminal street gangs]]>