§ 76-9-803. Penalties regarding criminal street gang activities.

(1) It is a class B misdemeanor to:

(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;

(b) conspire to commit any act under Subsection (1)(a) with the intent to cause a minor to join a criminal street gang; or

(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:

(a) intimidate or otherwise cause a minor to commit or attempt to commit any misdemeanor criminal offense; or

(b) commit a violation of Subsection (1)(a):

(i) more than once;

(ii) regarding the same minor; and

(iii) within a period of 180 days.

(3) Prosecution for any offense under this section does not prohibit prosecution for any other criminal offense.

Enacted by Chapter 15, 2008 General Session