Definitions.

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  • (1) "Criminal street gang" means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
    • (a) that is currently in operation;
    • (b) that has as one of its primary activities the commission of one or more predicate gang crimes;
    • (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
    • (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity.
  • (2) "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.
  • (3) "Minor" means a person younger than 18 years old.
  • (4) "Pattern of criminal gang activity" means:
    • (a) committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years;
    • (b) the predicate gang crimes are:
      • (i) committed by two or more persons; or
      • (ii) committed by an individual at the direction of, or in association with a criminal street gang; and
    • (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.
  • (5)
    • (a) "Predicate gang crime" means any of the following offenses:
      • (i)Title 41, Chapter 1a, Motor Vehicle Act:
        • (A) Section 41-1a-1313, regarding possession of a motor vehicle without an identification number;
        • (B) Section 41-1a-1315, regarding false evidence of title and registration;
        • (C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles;
        • (D) Section 41-1a-1317, regarding selling or buying a motor vehicle without an identification number; or
        • (E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number;
      • (ii) any criminal violation of the following provisions:
        • (A)Title 58, Chapter 37, Utah Controlled Substances Act;
        • (B)Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
        • (C)Title 58, Chapter 37b, Imitation Controlled Substances Act; or
        • (D)Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
      • (iii) Sections 76-5-102 through 76-5-103.5, which address assault offenses;
      • (iv)Title 76, Chapter 5, Part 2, Criminal Homicide;
      • (v) Sections 76-5-301 through 76-5-304, which address kidnapping and related offenses;
      • (vi) any felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
      • (vii)Title 76, Chapter 6, Part 1, Property Destruction;
      • (viii)Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
      • (ix)Title 76, Chapter 6, Part 3, Robbery;
      • (x) any felony offense under Title 76, Chapter 6, Part 4, Theft, or under Title 76, Chapter 6, Part 6, Retail Theft, except Sections 76-6-404.5, 76-6-405, 76-6-407, 76-6-408, 76-6-409, 76-6-409.1, 76-6-409.3, 76-6-409.6, 76-6-409.7, 76-6-409.8, 76-6-409.9, 76-6-410, and 76-6-410.5;
      • (xi)Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
      • (xii)Title 76, Chapter 6, Part 11, Identity Fraud Act;
      • (xiii)Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, 76-8-307, 76-8-308, and 76-8-312;
      • (xiv) Section 76-8-508, which includes tampering with a witness;
      • (xv) Section 76-8-508.3, which includes retaliation against a witness or victim;
      • (xvi) Section 76-8-509, which includes extortion or bribery to dismiss a criminal proceeding;
      • (xvii) a misdemeanor violation of Section 76-9-102, if the violation occurs at an official meeting;
      • (xviii)Title 76, Chapter 10, Part 3, Explosives;
      • (xix)Title 76, Chapter 10, Part 5, Weapons;
      • (xx)Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
      • (xxi)Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
      • (xxii) Section 76-10-1801, which addresses communications fraud;
      • (xxiii)Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act; or
      • (xxiv) Section 76-10-2002, which addresses burglary of a research facility.
    • (b) "Predicate gang crime" also includes:
      • (i) any state or federal criminal offense that by its nature involves a substantial risk that physical force may be used against another in the course of committing the offense; and
      • (ii) any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of any offense in Subsection (4)(a) if committed in this state.




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