Arizona Laws 13-2321. Participating in or assisting a criminal street gang; classification
A. A person commits participating in a criminal street gang by any of the following:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 felony | up to 10 years | up to $150,000 |
Terms Used In Arizona Laws 13-2321
- Act: means a bodily movement. See Arizona Laws 13-105
- Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
1. Intentionally organizing, managing, directing, supervising or financing a criminal street gang with the intent to promote or further the criminal objectives of the criminal street gang.
2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal street gang.
3. Furnishing advice or direction in the conduct, financing or management of a criminal street gang’s affairs with the intent to promote or further the criminal objectives of a criminal street gang.
4. Intentionally promoting or furthering the criminal objectives of a criminal street gang by inducing or committing any act or omission by a public servant in violation of the public servant’s official duty.
B. A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang.
C. Participating in a criminal street gang is a class 2 felony.
D. Assisting a criminal street gang is a class 3 felony.
E. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the existence of a criminal street gang or membership in a criminal street gang.