Utah Code 76-9-803. Penalties regarding criminal street gang activities
Current as of: 2024 | Check for updates
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(1) It is a class B misdemeanor to:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-9-803
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:(1)(a) that is currently in operation;(1)(b) that has as one of its primary activities the commission of one or more predicate gang crimes;(1)(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and(1)(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-802
- Intimidate: means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. See Utah Code 76-9-802
- Minor: means a person younger than 18 years old. See Utah Code 76-9-802
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(1)(a) solicit, recruit, entice, or intimidate a minor to join a criminal street gang, whether or not the minor actually joins the criminal street gang;(1)(b) conspire to commit any act under Subsection(1)(a) with the intent to cause a minor to join a criminal street gang; or(1)(c) use intimidation to prevent or attempt to prevent a minor from leaving a criminal street gang or ending the minor’s affiliation with a criminal street gang.
(2) It is a class A misdemeanor for any person who is a member of or actively involved with a criminal street gang to:
(2)(a) intimidate or otherwise cause a minor to commit or attempt to commit any misdemeanor criminal offense; or
(2)(b) commit a violation of Subsection (1)(a) :
(2)(b)(i) more than once;
(2)(b)(ii) regarding the same minor; and
(2)(b)(iii) within a period of 180 days.
(3) Prosecution for any offense under this section does not prohibit prosecution for any other criminal offense.