Utah Code 76-9-903. Gang loitering — Failure to disperse — Penalties
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(1) When a law enforcement officer observes a person whom the officer reasonably believes to be a member of a criminal street gang engaging in gang loitering in the presence of one or more other persons in any public place where gang loitering is prohibited under Section 76-9-905 , the police officer shall:
Terms Used In Utah Code 76-9-903
- Arrest: Taking physical custody of a person by lawful authority.
- 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 substantial activities the commission of one or more predicate gang crimes;(1)(c) that has, as a group, an identifying name or an 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 76-9-902
- Gang loitering: means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to:
(2)(a) establish control over one or more identifiable areas;(2)(b) intimidate others from entering those areas; or(2)(c) conceal illegal activities. See Utah Code 76-9-902- 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
- Public place: includes the lobbies, hallways, elevators, restaurants and other dining areas, and restrooms of any of the locations or structures under Subsection (5)(a). See Utah Code 76-9-902
(1)(a) inform all the persons that they are within an area in which loitering by a group containing one or more criminal street gang members is prohibited;(1)(b) order all the persons in the group to disperse and remove themselves from within sight and hearing of the location where the officer issues the order to disperse; and(1)(c) inform the persons that any person in the group will be subject to being charged with a criminal offense and will also be subject to arrest if the person fails to promptly obey the order to disperse.(2) The officer under Subsection(1) shall also advise the persons the officer is directing to disperse that each of the persons directed to disperse is subject to being charged with a criminal offense and will also be subject to arrest if the person is again, within eight hours after the current order to disperse is made:(2)(a) present in a public place with a group that includes one or more persons a peace officer reasonably believes to be a member of a criminal street gang; and(2)(b) within sight or hearing of the location where the law enforcement officer is currently issuing the order to disperse. - Gang loitering: means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to: