§ 76-9-801 Title
§ 76-9-802 Definitions
§ 76-9-803 Penalties regarding criminal street gang activities
§ 76-9-804 Convicted criminal gang offender — Prohibition

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Terms Used In Utah Code > Title 76 > Chapter 9 > Part 8 - Criminal Street Gang Penalties

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Dangerous weapon: means :
         (7)(a) any item capable of causing death or serious bodily injury; or
         (7)(b) a facsimile or representation of the item, if:
              (7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or
              (7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Pattern of criminal gang activity: means :
         (4)(a) committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years;
         (4)(b) the predicate gang crimes are:
              (4)(b)(i) committed by two or more persons; or
              (4)(b)(ii) committed by an individual at the direction of, or in association with a criminal street gang; and
         (4)(c) the criminal activity was committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang. See Utah Code 76-9-802
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5