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§ 22-10a-1 — South Dakota Law | CourtGPT
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  6. § 22-10a-1
South Dakota Legal Code

§ 22-10a-1

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22-10A-1. Definitions.Terms used in §§22-10A-1 to 22-10A-3, inclusive, mean:(1)'Street gang,' any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern of street gang activity;(2)'Street gang member,' any person who engages in a pattern of street gang activity and who meets two or more of the following criteria:(a)Admits to gang membership;(b)Is identified as a gang member by a documented reliable informant;(c)Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs or its tattoos and associates with known gang members;(d)Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information;(e)Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity;(f)Is identified as a gang member by physical evidence, such as photographs or other documentation; or(g)Has been stopped in the

ang members for offenses which are consistent with usual gang activity;(f)Is identified as a gang member by physical evidence, such as photographs or other documentation; or(g)Has been stopped in the company of known gang members four or more times; and(3)'Pattern of street gang activity,' the commission, attempted commission, or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity. Source: SL 1992, ch 159, §1; SDCL, §22-10-14; SL 2005, ch 120, §§352, 355.