§ 45-8-405

45-8-405. Pattern of criminal street gang activity. (1) For purposes of this part, 'pattern of criminal street gang activity' means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions. (2) The offenses that form a pattern of criminal street gang activity include: (a) deliberate homicide, as defined in 45-5-102; (b) assault with a weapon, as defined in 45-5-213; (c) intimidation, as defined in 45-5-203; (d) kidnapping, as defined in 45-5-302; (e) aggravated kidnapping, as defined in 45-5-303; (f) robbery, as defined in 45-5-401; (g) sexual intercourse without consent, as defined in 45-5-503; (h) aggravated sex trafficking, as defined in 45-5-706; (i) child sex trafficking, as defined in 45-5-711; (j) criminal mischief, as defined in 45-6-101; (k) arson, as defined in 45-6-103; (l) burglary, as defined in 45-6-204; (m) theft, as defined in 45-6-301; (n) forgery, as defined in 45-6-325; (o) tampering with witnesses and informants, as defined in

arson, as defined in 45-6-103; (l) burglary, as defined in 45-6-204; (m) theft, as defined in 45-6-301; (n) forgery, as defined in 45-6-325; (o) tampering with witnesses and informants, as defined in 45-7-206; (p) bringing armed individuals into the state, as defined in 45-8-106; (q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313; (r) carrying a concealed weapon, as defined in 45-8-316; (s) possession of a deadly weapon by a prisoner, as defined in 45-8-318; (t) possession of a destructive device, as defined in 45-8-334; (u) possession of explosives, as defined in 45-8-335; (v) possession of a sawed-off firearm, as defined in 45-8-340; (w) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9; (x) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403. History: En. Sec. 5, Ch. 285, L. 1997; amd. Sec. 10, Ch. 432, L. 1999; amd. Sec. 1718, Ch. 56, L. 2009; amd. Sec. 21, Ch. 167, L. 2023.