Federal and State Definitions of "Gang", "Gang Crime," and "Gang Member"

Editor's Note: Often, in courts, the definition of "gang" is bandied about, not unlike fierce volleys back and forth between fierce rivals, on the tennis court. The following is listed by the United States Department of Justice as a "review" (read that as "reminder" or "renewed reinforcement") of what current federal law says a "gang" and allied terms mean.

August 2008
Brief Review of Federal and State Definitions of the Terms
“Gang,” “Gang Crime,” and “Gang Member”

Federal Law

Current Legislation

Currently, federal law defines the term “gang” as “an ongoing group, club, organization, or
association of five or more persons: (A) that has as one of its primary purposes the commission
of one or more of the criminal offenses described in subsection (c); (B) the members of which
engage, or have engaged within the past five years, in a continuing series of offenses described in
subsection (c); and (C) the activities of which affect interstate or foreign commerce.” 18 USC §
521(a).

Current federal law describes the term “gang crime” as:

(1) “A federal felony involving a controlled substance (as defined in Section
102 of the Controlled Substances Act (21 USC § 802)) for which the
maximum penalty is not less than five years.
(2) A federal felony crime of violence that has as an element the use or
attempted use of physical force against the person of another.
(3) A conspiracy to commit an offense described in paragraph (1) or (2).”
18 USC § 521(c).

Also, current federal law describes the term “gang member” as “a person who:

(1) Participates in a criminal street gang with knowledge that its members
engage in or have engaged in a continuing series of offenses described in
subsection (c).
(2) Intends to promote or further the felonious activities of the criminal street
gang or maintain or increase his or her position in the gang.
(3) Has been convicted within the past five years for:
(A) An offense described in subsection (c).
(B) A state offense:
(i) Involving a controlled substance (as defined
in Section 102 of the Controlled Substances Act
(21 USC § 802)) for which the maximum penalty is
not less than five years‟ imprisonment.
(ii) That is a felony crime of violence that has as an
element the use or attempted use of physical force
against the person of another.
(C) Any federal or state felony offense that by its nature involves a
substantial risk that physical force against the person of another
may be used in the course of committing the offense.
Brief Review of Federal and State Definitions


Page 2 of 35 August 2008
(D) A conspiracy to commit an offense described in subparagraph
(A), (B), or (C).” 18 USC § 521(d).

Proposed Legislation

The proposed Gang Abatement and Prevention Act of 2007 would define a “criminal street
gang” as “a formal or informal group or association of five or more individuals, who commit
three or more gang crimes (not less than one of which is a serious violent felony), in three or
more separate criminal episodes (not less than one of which occurs after the date of enactment of
the Gang Abatement and Prevention Act of 2007, and the last of which occurs not later than five
years after the commission of a prior gang crime (excluding any time of imprisonment for that
individual)).”

The Act would also define a “gang crime” as “a felony offense under federal or state law
punishable by imprisonment for more than one year, in any of the following categories:

(1) A crime that has as an element the use, attempted use, or threatened use of
physical force against the person of another, or is burglary, arson, or
extortion.
(2) A crime involving obstruction of justice, or tampering with or retaliating
against a witness, victim, or informant.
(3) A crime involving the manufacturing, importing, distributing, possessing
with intent to distribute, or otherwise trafficking in a controlled substance or
listed chemical (as those terms are defined in Section 102 of the Controlled
Substances Act (21 USC § 802)).
(4) Any conduct punishable under:
(A) Section 844 (relating to explosive materials).
(B) Subsection (a)(1), (d), (g)(1) (where the underlying conviction is
a violent felony or a serious drug offense (as those terms are
defined in Section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8),
(g)(9), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of Section 922
(relating to unlawful acts).
(C) Subsection (b), (c), (g), (h), (k), (l), (m), or (n) of Section 924
(relating to penalties).
(D) Section 930 (relating to possession of firearms and dangerous
weapons in federal facilities).
(E) Section 931 (relating to purchase, ownership, or possession of
body armor by violent felons).
(F) Sections 1028 and 1029 (relating to fraud and related activity in
connection with identification documents or access devices).
(G) Section 1084 (relating to transmission of wagering information).
(H) Section 1952 (relating to interstate and foreign travel or
transportation in aid of racketeering enterprises).
(I) Section 1956 (relating to the laundering of monetary instruments).
(J) Section 1957 (relating to engaging in monetary transactions in
property derived from specified unlawful activity).
Brief Review of Federal and State Definitions


Page 3 of 35 August 2008
(K) Sections 2312 through 2315 (relating to interstate transportation
of stolen motor vehicles or stolen property).
(5) Any conduct punishable under Section 274 (relating to bringing in and
harboring certain aliens), Section 277 (relating to aiding or assisting certain
aliens to enter the United States), or Section 278 (relating to importation of
aliens for immoral purposes) of the Immigration and Nationality Act
(8 USC 1324, 1327, and 1328).
(6) Any crime involving aggravated sexual abuse, pimping or promoting
prostitution, obscenity (including Sections 1461 through 1465), sexual
exploitation of children (including Sections 2251, 2251A, 2252, and 2260),
peonage, slavery, or trafficking in persons (including Sections 1581 through
1592) and Sections 2421 through 2427 (relating to transport for illegal
sexual activity).”


State Law

A review of current state laws for various states‟ definitions of the words “gang,” “gang
member,” and “gang crime” reveals the following information:

“Gang” Definitions

 Thirty-seven states and Washington, DC, have legislation that defines “gang.”
 Twenty-nine states and Washington, DC, define a gang as consisting of three
or more persons.
 Twenty-two states include a common name, identifying sign, or symbol as
identifiers of gangs in their definitions.
 Twenty-three states refer to a gang as an “organization, association, or group.”
 Twenty-one states and Washington, DC, use the term “criminal street gang” to
describe a gang.
 Every definition includes criminal/illegal activity or behavior.

“Gang Crime” Definitions

 Twenty states define “gang crime/activity.”
 Twelve states refer to it as a “pattern of criminal gang activity.”
 Sixteen states enumerate the exact crimes that are to be considered criminal
gang activity.

Brief Review of Federal and State Definitions


Page 4 of 35 August 2008

“Gang Member” Definitions

 Eleven states have legislation that defines a “gang member.”
 Six states have a list of criteria, some of which a person must meet to be
considered a gang member.
 Of those, five states require that a person must meet at least two criteria to be
considered a gang member.
 Kansas requires an admission of gang membership OR three or more of its
criteria.


Violent Gang and Terrorist Organizations File

The definitions of “gang,” “gang crime,” and “gang member” of the Violent Gang and Terrorist
Organizations File (VGTOF), contained within the FBI‟s National Crime Information Center
(NCIC) share some similarities with those definitions used by the states:

“Gang” Definitions

 The VGTOF defines a gang as consisting of three or more persons.
 The VGTOF refers to a gang as an “organization, association, or group.”
 The VGTOF definition includes criminal/illegal activity or behavior.

“Gang Crime” Definitions

 The VGTOF definition enumerates the exact crimes that are to be considered criminal
activity.

“Gang Member” Definitions

 The VGTOF definition has a list of criteria, some of which a person must meet to be
considered a gang member.
 The VGTOF definition requires an admission of gang membership OR two of its criteria.
Brief Review of Federal and State Definitions
Definition of “Gang Member” by State

Page 5 of 35 August 2008
State Term(s) Number Criteria Belongs to or Engages in
VGTOF Gang member Admission or
any 2
 Has been identified as a gang member by an
individual of proven reliability
 Has been identified as a gang member by an
individual of unknown reliability, and that
information has been corroborated in
significant respects
 Has been observed by law enforcement
members to frequent a known gang‟s area,
associate with known gang members, and/or
affect that gang‟s style of dress, tattoos, hand
signals, or symbols
 Has been arrested on more than one occasion
with known gang members consistent with
gang activity
 Has admitted membership in a gang at any
time other than at the time of current
arrest/incarceration
“must be a member of a group, or sub-group thereof,
which meets the criteria for a gang.”
Arizona
§13-105
Criminal street gang member 2 of 7  Self-proclamation
 Witness testimony or official statement
 Written or electronic correspondence
 Paraphernalia or photographs
 Tattoos
 Clothing or colors
 Any other indicia of street gang membership
N/A
Florida
§874.03










Criminal street gang member 2 or more  Admits to criminal street gang membership
 Is identified as a criminal street gang member
by a parent or guardian
 Is identified as a criminal street gang member
by a documented reliable informant
 Resides in or frequents a particular criminal
street gang‟s area and adopts its style of dress,
use of hand signs, or tattoos and associates
with known criminal street gang members





“who is a member of a criminal street gang”
Brief Review of Federal and State Definitions
Definition of “Gang Member” by State

Page 6 of 35 August 2008
State Term(s) Number Criteria Belongs to or Engages in
Florida
§874.03

(continued)
 Is identified as a criminal street gang member
by an informant of previously untested
reliability, and such identification is
corroborated by independent information
 Has been arrested more than once in the
company of identified criminal street gang
members for offenses that are consistent with
usual criminal street gang activity
 Is identified as a criminal street gang member
by physical evidence such as photographs or
other documentation
 Has been stopped in the company of known
criminal street gang members four or more
times

Florida (2)
§874.03
Criminal street gang
associate
N/A N/A “who admits to criminal street gang association; or
meets any single defining criterion for criminal street
gang membership”
Idaho
§18-8502

Criminal gang member 2 or more  Admits to gang membership
 Is identified as a gang member
 Resides in or frequents a particular gang‟s area
and adopts its style of dress, use of hand signs,
or tattoos and associates with known gang
members
 Has been arrested more than once in the
company of identified gang members for
offenses that are consistent with usual gang
activity
 Is identified as a gang member by physical
evidence such as photographs or other
documentation
 Has been stopped in the company of known
gang members four or more times
“who engages in a pattern of criminal gang activity”







Brief Review of Federal and State Definitions
Definition of “Gang Member” by State

Page 7 of 35 August 2008
State Term(s) Number Criteria Belongs to or Engages in
Illinois
§740 ILCS
147-10
Street gang member
Gang member
N/A N/A “who actually and in fact belongs to a gang, and any
person who knowingly acts in the capacity of an agent
for or accessory to, or is legally accountable for, or
voluntarily associates himself with a course or pattern
of gang-related criminal activity, whether in a
preparatory, executory, or cover-up phase of any
activity, or who knowingly performs, aids, or abets any
such activity”
Kansas
§ 21-4226
Criminal street gang member Admission or
3 or more
 Is identified as a criminal street gang member
by a parent or guardian
 Is identified as a criminal street gang member
by a state, county, or city law enforcement
officer or correctional officer or documented
reliable informant
 Is identified as a criminal street gang member
by an informant of previously untested
reliability, and such identification is
corroborated by independent information
 Resides in or frequents a particular criminal
street gang's area and adopts such gang's style
of dress, color, or use of hand signs or tattoos
and associates with known criminal street gang
members
 Has been arrested more than once in the
company of identified criminal street gang
members for offenses that are consistent with
usual criminal street gang activity
 Is identified as a criminal street gang member
by physical evidence including, but not limited
to, photographs or other documentation
 Has been stopped in the company of known
criminal street gang members two or more
times
 Has participated in or undergone activities
self-identified or identified by a reliable
informant as a criminal street gang initiation
ritual
N/A



Brief Review of Federal and State Definitions
Definition of “Gang Member” by State

Page 8 of 35 August 2008
State Term(s) Number Criteria Belongs to or Engages in
Kansas (2)
§ 21-4226









Criminal street gang
associate
Admission or
2 or more
 Is identified as a criminal street gang member
by a parent or guardian
 Is identified as a criminal street gang member
by a state, county, or city law enforcement
officer or correctional officer or documented
reliable informant
 Is identified as a criminal street gang member
by an informant of previously untested
reliability, and such identification is
corroborated by independent information
 Resides in or frequents a particular criminal
street gang's area and adopts such gang's style
of dress, color, or use of hand signs or tattoos
and associates with known criminal street gang
members
 Has been arrested more than once in the
company of identified criminal street gang
members for offenses that are consistent with
usual criminal street gang activity
 Is identified as a criminal street gang member
by physical evidence including, but not limited
to, photographs or other documentation
 Has been stopped in the company of known
criminal street gang members two or more
times
 Has participated in or undergone activities
self-identified or identified by a reliable
informant as a criminal street gang initiation
ritual
N/A
Mississippi
§97-44-3
Street gang member
Gang member
N/A N/A “who actually and in fact belongs to a gang, and any
person who knowingly acts in the capacity of an
agent for or accessory to, or is legally accountable
for, or voluntarily associates himself with a gang-
related criminal activity, whether in a preparatory,
executory, or cover-up phase of any activity, or who
knowingly performs, aids, or abets any such activity”



Brief Review of Federal and State Definitions
Definition of “Gang Member” by State

Page 9 of 35 August 2008
State Term(s) Number Criteria Belongs to or Engages in
New York
9 NYCRR
§301.3
Gang member N/A N/A “who is part of, associated with, or otherwise
affiliated with a gang”
South
Carolina
§16-8-230
Criminal gang member N/A N/A “who is an active member of a criminal gang”
South Dakota
§22-10A-1







Street gang member 2 or more  Admits to gang membership
 Is identified as a gang member by a
documented reliable informant
 Resides in or frequents a particular gang‟s area
and adopts its style of dress, use of hand signs,
or tattoos and associates with known gang
members
 Is identified as a gang member by an informant of
previously untested reliability if such identification
is corroborated by independent information
 Has been arrested more than once in the
company of identified gang members for
offenses that are consistent with usual gang
activity
 Is identified as a gang member by physical
evidence, such as photographs or other
documentation
 Has been stopped in the company of known
gang members four or more times
“who engages in a pattern of street gang activity”
Tennessee
§40-35-121






Criminal gang member 2 or more  Admits to criminal gang involvement
 Is identified as a criminal gang member by a
parent or guardian
 Is identified as a criminal gang member by a
documented reliable informant
 Resides in or frequents a particular criminal
gang‟s area, adopts its style of dress, use of
hand signs, or tattoos, and associates with
known gang members
 Is identified as a criminal gang member by an
informant of previously untested reliability,
and such identification is corroborated by
independent information
“who is a member of a criminal gang”
Brief Review of Federal and State Definitions
Definition of “Gang Member” by State

Page 10 of 35 August 2008

State Term(s) Number Criteria Belongs to or Engages in
Tennessee
§40-35-121

(continued)

 Has been arrested more than once in the
company of identified criminal gang members
for offenses that are consistent with usual
criminal gang activity
 Is identified as a criminal gang member by
physical evidence such as photographs or other
documentation

Wisconsin
§939.22
Criminal gang member N/A N/A “who participates in criminal gang activity”
Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 11 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
VGTOF Gang Organization,
Association, or
Group
3 or more
persons
N/A N/A “must have a common interest and/or
activity characterized by the
commission of or involvement in a
pattern of criminal activity or
delinquent conduct”
N/A
Alabama
§ 13A-6-26
Street gang Combination
Confederation
Alliance
Network
Conspiracy
Understanding or
Other similar
arrangement
3 or more
persons
N/A In law or
in fact
“that, through its membership or
through the agency of any member,
engages in a course or pattern of
criminal activity”
N/A
Alaska
§ 11.81.900
Criminal street gang Group 3 or more
persons
N/A N/A “who, individually, jointly, or in
combination, have committed or
attempted to commit, within the
preceding three years, for the benefit
of, at the direction of, or in
association with the group, two or
more offenses under any of, or any
combination of... [these offenses]”
Name, identifying
sign, symbol,
tattoo, or other
physical marking,
style of dress, or
use of hand signs
Arizona
§ 13-105
Criminal street gang Association At least 1
person who is
a criminal
street gang
member
Formal or
informal
N/A “whose members or associates
individually or collectively engage in
the commission, attempted
commission, facilitation or
solicitation of any felony act”
N/A
Arkansas
§ 5-74-103
Criminal gang
Criminal organization
Criminal enterprise
Group 3 or more
individuals
N/A N/A “who commit a continuing series of
two (2) or more predicate criminal
offenses that are undertaken in
concert with each other”
N/A









Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 12 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
California
§ 186.22
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of one or
more … criminal acts … and whose
members individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Common name,
common
identifying sign or
symbol
Colorado
§ 18-23-101
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “which has as one of its primary
objectives or activities the
commission of one or more predicate
criminal acts; and whose members
individually or collectively engage in
or have engaged in a pattern of
criminal gang activity”
N/A
Connecticut
§ 29-7n
Gang Group Juveniles or
youth
N/A N/A “who, acting in concert with each
other, or with adults, engage in
illegal activities.”
N/A
Delaware
11 Del. C. §
616
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of one or
more … criminal acts … and whose
members individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Common name,
common
identifying sign or
symbol
Delaware (2)
11 Del. C. §
617
Criminal youth gang Group 3 or more
persons
N/A N/A “which either promotes, sponsors,
assists in, participates in or requires
as a condition of membership
submission to group initiation that
results in any felony or any class A
misdemeanor”
Gang name or
other identifier









Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 13 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
Florida
§ 874.03

Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “that has as one of its primary
activities the commission of criminal
or delinquent acts … and have two or
more members who, individually or
collectively, engage in or have
engaged in a pattern of criminal
street gang activity”
Common name,
common
identifying signs,
colors, or symbols
Georgia
§ 16-15-3
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
In fact “which engages in a pattern of
criminal gang activity”
Common name,
common
identifying signs,
symbols, tattoos,
graffiti, attire, or
other
distinguishing
characteristics
Idaho
§ 18-8502
Criminal gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “whose members individually or
collectively engage in or have
engaged in a pattern of criminal gang
activity, having as one (1) of its
primary activities the commission of
one (1) or more … criminal acts”
Common name,
common
identifying sign or
symbol
Illinois
§ 740 ILCS
147/10
Street gang
Gang
Organized gang
Criminal street gang
Combination
Confederation
Alliance
Network
Conspiracy
Understanding or
Other similar
conjoining
3 or more
persons
N/A In law or
in fact
“with an established hierarchy that,
through its membership or through
the agency of any member engages in
a course or pattern of criminal
activity”
N/A








Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 14 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
Indiana
§ 35-45-9-1
Criminal gang Group At least 5
members
N/A N/A “that specifically either promotes,
sponsors, or assists in; or participates
in; or requires as a condition of
membership or continued
membership; the commission of a
felony or an act that would be a
felony if committed by an adult or
the offense of battery”
N/A
Iowa
§ 723A.1
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of one or
more criminal acts … and whose
members individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Identifiable name,
identifying sign or
symbol
Kansas
§ 21-4226




















Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of one or
more person felonies, person
misdemeanors, felony violations of
the uniform controlled substances
act, … or the comparable juvenile
offenses, which if committed by an
adult would constitute the
commission of such felonies or
misdemeanors; and whose members,
individually or collectively, engage
in or have engaged in the
commission, attempted commission,
conspiracy to commit or solicitation
of two or more person felonies,
person misdemeanors or felony
violations of the uniform controlled
substances act, … the comparable
juvenile offenses, which if
Common name,
common
identifying sign or
symbol
Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 15 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
Kansas
§ 21-4226

(continued)
committed by an adult would
constitute the commission of such
felonies or misdemeanors, or any
substantially similar offense from
another jurisdiction”

Kentucky
§ 506.140
Criminal gang Alliance,
Network, or
Conspiracy
5 or more
persons
In law or
in fact
“that, through its membership or
through the action of any member,
engages in a continuing pattern of
criminal activity. „Criminal gang‟
shall not include fraternal
organizations, unions, corporations,
associations, or similar entities,
unless organized for the primary
purpose of engaging in criminal
activity”
An established
hierarchy
Louisiana
§ 15:1404
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “which has as one of its primary
activities the commission of one or
more … criminal acts … whose
members individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Common name,
common
identifying sign or
symbol
Maryland
Criminal Law
Code § 9-801
Criminal gang Group
Association
3 or more
persons
N/A N/A “that forms to engage in criminal
activity, including acts by juveniles
that would be crimes if committed by
adults, for the purposes of pecuniary
gain or to create an atmosphere of
fear and intimidation either
collectively or with knowledge of the
acts of the members of the group”
Common
identifying sign,
symbol, or name








Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 16 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
Minnesota
§ 609.229
Criminal gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “has as one of its primary activities
the commission of one or more …
offenses … and includes members
who individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Common name,
common
identifying sign or
symbol
Mississippi
§ 97-44-3
Street gang
Gang
Organized gang
Criminal street gang
Combination
Confederation
Alliance
Network
Conspiracy
Understanding or
Other similar
conjoining
3 or more
persons
N/A In law or
in fact
“with an established hierarchy that,
through its membership or through
the agency of any member engages in
felonious criminal activity”
N/A
Missouri
§ 578.421
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of one or
more criminal acts … whose
members individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Common name,
common
identifying sign or
symbol
Montana
§ 45-8-402
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of one or
more … criminal acts … whose
members individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Common name,
common
identifying sign or
symbol











Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 17 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
Nevada
§ 193.168
Criminal gang Combination Persons Formal or
informal
N/A “so constructed that the organization
will continue its operation even if
individual members enter or leave
the organization, which … has
particular conduct, status and
customs indicative of it; and has as
one of its common activities
engaging in criminal activity
punishable as a felony, other than the
conduct which constitutes the
primary offense”
Common name or
identifying symbol
New Jersey
§ 2C:33-29
Criminal street gang N/A 3 or more
persons
N/A In fact “individually or in combination with
other members of a criminal street
gang, while engaging in gang-related
activity, have committed or
conspired or attempted to commit,
within the preceding five years from
the date of the present offense,
excluding any period of
imprisonment, one or more offenses
on separate occasions of robbery,
carjacking, aggravated assault,
assault, aggravated sexual assault,
sexual assault, arson, burglary,
kidnapping, extortion, tampering
with witnesses, and informants or a
violation of chapter 11, section 3, 4,
5, 6, or 7 of chapter 35 or chapter 39
of Title 2C of the New Jersey
Statutes”
Two of the
following seven
criteria that
indicate criminal
street gang
membership apply:
 Self-
proclamation
 Witness
testimony or
official statement
 Written or
electronic
correspondence
 Paraphernalia or
photographs
 Tattoos
 Clothing or
colors
Any other indicia
of street gang
activity


Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 18 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
New York
9 NYCRR §
301.3
Gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of one or
more criminal acts … and whose
members individually or collectively
engage in or have engaged in a
pattern of criminal gang activity”
Identifiable name,
identifying sign or
symbol
North Carolina
§ 15A-1340.16
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “having as one of its primary
activities the commission of felony
or violent misdemeanor offenses, or
delinquent acts that would be
felonies or violent misdemeanors if
committed by an adult”
Common name or
common
identifying sign,
colors, or symbols
North Dakota
§ 12.1-06.2-01
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “that acts in concert or agrees to act
in concert with a purpose that any of
those persons alone or in any
combination commit or will commit
two or more predicate gang crimes
one of which occurs after August 1,
1995, and the last of which occurred
within five years after the
commission of a prior predicate gang
crime”
N/A
Ohio
§ 2923.41




Criminal gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “has as one of its primary activities
the commission of one or more . . .
offenses . . . the persons in the
organization, association, or group
individually or collectively engage in
or have engaged in a pattern of
criminal gang activity”
Common name or
one or more
common
identifying signs,
symbols, or colors
Oklahoma
21 Okl. St.
§ 856


Criminal street gang Organization,
Association, or
Group
5 or more
persons
N/A N/A “that specifically either promotes,
sponsors, or assists in, or participates
in, and requires as a condition of
membership or continued
membership, the commission of one
or more criminal acts”


N/A
Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 19 of 35 August 2008
State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
South Carolina
§ 16-8-230
Criminal gang Organization,
Association, or
Group
5 or more
persons
Formal or
informal
N/A “who form for the purpose of
committing criminal activity and who
knowingly and actively participate in
a pattern of criminal gang activity”
N/A
South Dakota
§ 22-10A-1
Street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “have members or associates who,
individually or collectively, engage
in or have engaged in a pattern of
street gang activity”
Common name,
common
identifying signs,
colors, or symbols




Tennessee
§ 40-35-121
Criminal gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “has as one (1) of its activities the
commission of criminal acts; and two
(2) or more members who,
individually or collectively, engage
in or have engaged in a pattern of
criminal gang activity

Texas
Tex. Penal
Code
§ 71.01
Criminal street gang N/A 3 or more
persons
N/A N/A “who continuously or regularly
associate in the commission of
criminal activities”
Common
identifying sign or
symbol or an
identifiable
leadership
Utah
§ 76-9-802
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
In fact “that is currently in operation; that
has one of its primary activities the
commission of one or more predicate
gang crimes; … and whose members,
acting individually or in concert with
other members, engage in or have
engaged in a pattern of criminal gang
activity.”






Identifying name,
or identifying sign
or symbol, or both
Brief Review of Federal and State Definitions
Definition of “Gang” by State


Page 20 of 35 August 2008


State Term(s) Grouping Number Formality Fact or
Law Purpose or Activity Identifiers
Virginia
§ 18.2-46.1
Criminal street gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “which has as one of its primary
objectives or activities the
commission of one or more criminal
activities … and whose members
individually or collectively have
engaged in the commission of,
attempt to commit, conspiracy to
commit, or solicitation of two or
more predicate criminal acts, at least
one of which is an act of violence,
provided such acts were not part of a
common act or transaction”
Identifiable name
or identifying sign
or symbol
Washington
§ 59.18.030
Gang Group 3 or more
persons
N/A N/A “on an ongoing basis, regularly
conspires and acts in concert mainly
for criminal purposes”
Identifiable
leadership
Washington,
D.C.
§ 22-1731
Criminal street gang Association
Group
6 or more
persons
N/A N/A “has as a condition of membership or
continued membership the
committing of or actively
participating in committing a crime
of violence … or has as one of its
purposes or frequent activities, the
violation of the criminal laws of the
District, or the United States, except
for acts of civil disobedience”
N/A
Wisconsin
§ 939.22
Criminal gang Organization,
Association, or
Group
3 or more
persons
Formal or
informal
N/A “that has as one of its primary
activities the commission of one or
more … criminal acts, or acts that
would be criminal if the actor were
an adult … and whose members
individually or collectively engage in
or have engaged in a pattern of
criminal gang activity
Common name,
common
identifying sign or
symbol
Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 21 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
VGTOF Criminal activity
Delinquent conduct
N/A  Illegal drug distribution
 Firearms or explosives violations
 Murder
 Extortion
 Obstruction of justice, including witness tampering or intimidation
 Any other violend crimes such as assaults, threats, burglaries, and
or/carjacking
 “Delinquent conduct is any conduct of a juvenile which would be a
crime if committed by an adult.”


California
§ 186.22
Pattern of criminal
gang activity
“the commission of, attempted
commission of, conspiracy to commit, or
solicitation of, sustained juvenile
petition for, or conviction of two or
more … offenses, provided at least one
of these offenses occurred after the
effective date of this chapter and the last
of those offenses occurred within three
years after a prior offense, and the
offenses were committed on separate
occasions, or by two or more persons”
 Assault with a deadly weapon or by means of force likely to
produce great bodily injury
 Robbery
 Unlawful homicide or manslaughter
 Sale, possession for sale, transportation, manufacture, offer for sale,
or offer to manufacture controlled substances
 Shooting at an inhabited dwelling or occupied motor vehicle
 Discharging or permitting the discharge of a firearm from a motor
vehicle
 Arson
 Intimidation of witnesses and victims
 Grand theft
 Grand theft of any firearm, vehicle, trailer, or vessel
 Burglary
 Rape
 Looting
 Money laundering
 Kidnapping
 Mayhem
 Aggravated mayhem
 Torture
 Felony extortion
 Felony vandalism


Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 22 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
California
§ 186.22

(continued)
 Carjacking
 Sale, delivery, or transfer of a firearm
 Possession of a pistol revolver, or other firearm
 Threats to commit crimes resulting in death or great bodily injury
 Theft or unlawful taking or driving of a vehicle
Colorado
§18-23-101


Pattern of criminal
gang activity
“the commission, attempt, conspiracy, or
solicitation of two or more predicate
criminal acts which are committed on
separate occasions or by two or more
persons”
“predicate criminal acts means the commission of or attempt,
conspiracy, or solicitation to commit any of the following: any conduct
defined as racketeering activity…; any violation of section 18-8-706
“Retaliation against a witness or victim” or any criminal act committed
in any jurisdiction of the United States, which, if committed in this state,
would violate section 18-8-706”
Delaware
11 Del. C. § 616
Pattern of criminal
gang activity
“the commission of, attempted
commission of, conspiracy to commit,
solicitation of, or conviction of 2 or
more … criminal offenses, provided that
at least one (1) of these offenses
occurred after July 1, 2003, and that the
last of those offenses occurred within 3
years after a prior offense, and provided
that the offenses were committed on
separate occasions or by 2 or more
persons”
 Assault
 Any criminal acts causing death
 Any criminal acts relating to sexual offenses
 Any criminal offenses relating to unlawful imprisonment or
kidnapping
 Any criminal acts of arson
 Any criminal acts relating to burglary
 Any criminal acts relating to robbery
 Any criminal acts relating to theft or extortion … provided that such
acts meet the requirements of felony offenses
 Any criminal acts relating to riot, unlawful disruption, hate crimes,
stalking, or bombs, provided that such acts meet the requirements of
felony offenses
 Any criminal acts involving deadly weapons or dangerous
instruments
 Any criminal acts involving controlled substances













Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 23 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Delaware (2)
11 Del. C. § 616
Illegal gang
participation
“a person who actively participates in
any criminal street gang with knowledge
that its members engage in or have
engaged in a pattern of criminal gang
activity and who knowingly promotes,
furthers, or assists in any criminal
conduct by members of that gang which
would constitute a felony under
Delaware law shall be guilty of illegal
gang participation. Illegal gang
participation is a Class F felony”
N/A
Florida
§ 874.03
Pattern of criminal
street gang activity
“the commission or attempted
commission of, or solicitation or
conspiracy to commit, two or more
felony or three or more misdemeanor
offenses, or one felony and two
misdemeanor offenses, or the
comparable number of delinquent acts or
violations of law which would be
felonies or misdemeanors if committed
by an adult, on separate occasions
within a 3-year period”

N/A
Georgia
§ 16-15-3
Pattern of criminal
gang activity
“the commission, attempted
commission, conspiracy to commit, or
solicitation, coercion, or intimidation of
another person to commit at least two …
offenses, provided that at least one of
these offenses occurred after July 1,
1998, and the last of such offenses
occurred within three years, excluding
any periods of imprisonment, of prior
criminal gang activity
 Any offense defined as racketeering activity
 Any offense relating to stalking
 Any offense defined as rape, aggravated sodomy, statutory rape, or
aggravated sexual battery
 Any offense relating to escape and other offenses related to
confinement
 Any offense relating to dangerous instrumentalities and practices
 Any offense relating to the security of state or county correctional
facilities
 Any offense relating to aiding or encouraging a child to escape from
custody


Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 24 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Idaho
§ 18-8502



Pattern of criminal
gang activity
“the commission, attempted
commission, or solicitation of two (2) or
more … offenses, provided that the
offenses are committed on separate
occasions or by two (2) or more gang
members
 Robbery
 Arson
 Burglary
 Murder or manslaughter
 Any violation … that involves possession with intent to deliver,
distribution, delivery, or manufacturing of a prohibited substance
 Any unlawful use of a weapon that is a felony
 Assault and battery
 Criminal solicitation
 Computer crime
 Theft
 Evidence falsified or concealed and witnesses intimidated or bribed
 Forgery and counterfeiting
 Gambling
 Kidnapping
 Mayhem
 Prostitution
 Rape
 Racketeering
 Malicious harassment
 Terrorism
 Money laundering and illegal investment
Illinois
§ 740 ILCS 147/10








Course or pattern of
criminal activity
“2 or more gang-related criminal
offenses committed in whole or in part
within this State when at least one such
offense was committed after the effective
date of this Act; both offenses were
committed within 5 years of each other;
and at least one offense involved the
solicitation to commit, conspiracy to
commit, attempt to commit, or
commission of any offense defined as a



 “Street gang related or gang-related means any criminal activity,
enterprise, pursuit, or undertaking directed by, ordered by,
authorized by, consented to, agreed to, requested by, acquiesced in,
or ratified by any gang leader, officer, or governing or policy-
making person or authority, or by any agent, representative, or
deputy of any such officer, person, or authority:
 With the intent to increase the gang‟s size, membership, prestige,
dominance, or control in any geographical area; or

Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 25 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Illinois
§ 740 ILCS 147/10

(continued)
felony or forcible felony”  With the intent to provide the gang with any advantage in, or any
control or dominance over any criminal market sector, including but
not limited to, the manufacture, delivery, or sale of controlled
substances or cannabis; arson or arson-for-hire; traffic in stolen
property or stolen credit cards; traffic in prostitution, obscenity, or
pornography; or that involves robbery, burglary, or theft; or
 With the intent to exact revenge or retribution for the gang or any
member of the gang; or
 With the intent to obstruct justice, or intimidate or eliminate any
witness against the gang or any member of the gang; or
With the intent to otherwise directly or indirectly cause any benefit,
aggrandizement, gain, profit or other advantage whatsoever to or for
the gang, its reputation, influence, or membership”
Kansas
§ 21-4226
Criminal street gang
activity
“the commission or attempted
commission of, or solicitation or
conspiracy to commit, one or more
person felonies, person misdemeanors,
felony violations of the uniform
controlled substances act, or the
comparable juvenile offenses, which if
committed by an adult would constitute
the commission of such felonies or
misdemeanors on separate occasions”

N/A




















Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 26 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Kentucky
§ 506.140
Continuing pattern of
criminal activity
“a conviction by any member or
members of a criminal gang for the
commission, attempt, or solicitation of
two (2) or more felony offenses, the
commission of two (2) or more violent
misdemeanor offenses, or a combination
of at least one (1) of these felony
offenses and one (1) of these violent
misdemeanor offenses, on separate
occasions within a two (2) year period
for the purpose of furthering gang
activity”
N/A
Louisiana
§ 15:1404
Pattern of criminal
gang activity
“the commission or attempted
commission of two or more of the
following offenses, provided at least one
of those offenses occurred after
September 7, 1990, and the last of those
offenses occurred within three years
after a prior offense, and the offenses are
committed on separate occasions by two
or more persons”
 Aggravated battery or second-degree battery
 Armed robbery
 First- or second-degree murder or manslaughter
 Sale, possession for sale, transportation, manufacture, offer for sale,
or offer to manufacture controlled substances
 Illegal use of weapons or dangerous instrumentalities
 Aggravated arson
 Intimidating, impeding, or injuring witnesses; or injuring officers
 Theft of any vehicle, trailer, or vessel
















Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 27 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Mississippi
§ 97-44-3
N/A N/A  “Street gang related or gang-related means any criminal activity,
enterprise, pursuit, or undertaking directed by, ordered by,
authorized by, consented to, agreed to, requested by, acquiesced in,
or ratified by any gang leader, officer, or governing or policy-
making person or authority, or by any agent, representative, or
deputy of any such officer, person, or authority:
 With intent to increase the gang‟s size, membership, prestige,
dominance, or control in any geographical area; or
 With intent to exact revenge or retribution for the gang or any
member of the gang; or
 With intent to provide the gang with any advantage in, or any
control or dominance over, any criminal market sector, including
but not limited to the unlawful manufacture, delivery, possession, or
sale of controlled substances; arson; traffic in stolen property or
stolen credit cards; traffic in prostitution, obscenity, or pornography;
or that involves robbery, armed robbery, burglary, or larceny; or
 With intent to obstruct justice, or intimidate or eliminate any
witness against the gang or any member of the gang; or
 With intent to otherwise directly or indirectly, cause any benefit,
aggrandizement, gain, profit, or other advantage whatsoever to or
for the gang, its reputation, influence, or membership.”
Missouri
§ 578.421
Pattern of criminal
street gang activity
“the commission, attempted
commission, or solicitation of two or
more… offenses, provided at least one
of those offenses occurred after August
28, 1993, and the last of those offenses
occurred within three years after a prior
offense, and the offenses are committed
on separate occasions, or by two or more
persons
 Assault with a deadly weapon or by means of force likely to cause
serious physical injury
 Robbery, arson, and those offenses under chapter 569, RSMo,
which are related to robbery and arson
 Murder or manslaughter
 Any violation of the provisions of chapter 195, RSMo, which
involves the distribution, delivery, or manufacture of a substances
prohibited by chapter 195, RSMo
 Unlawful use of a weapon, which is a felony
 Tampering with witnesses and victims






Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 28 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Montana
§ 45-8-405
Pattern of criminal
street gang activity
“the commission, solicitation,
conspiracy, attempt; adjudication as a
delinquent youth for the commission,
attempt, or solicitation; or conviction of
two or more of the offenses listed in
subsection (2) within a 3-year period,
and that the offenses were committed on
separate occasions”
 Deliberate homicide
 Assault with a weapon
 Intimidation
 Kidnapping
 Aggravated kidnapping
 Robbery
 Sexual intercourse without consent
 Aggravated promotion of prostitution
 Criminal mischief
 Arson
 Burglary
 Theft
 Forgery
 Tampering with witnesses and informants
 Bringing armed men into the state
 Unlawful possession of a firearm by a convicted person
 Carrying a concealed weapon
 Possession of a deadly weapon by a prisoner
 Possession of a destructive device
 Possession of explosives
 Possession of a sawed-off firearm
 Sale, possession for sale, transportation, manufacture, offer for sale,
offer to manufacture, or other offense involving a dangerous drug
 Use of threat to coerce criminal street gang membership or use of
violence to coerce criminal street gang membership
North Dakota
§ 12.1-06.2
Predicate gang crime “the commission, attempted
commission, or solicitation of any
felony, misdemeanor crime of violence,
or misdemeanor crime of pecuniary
gain”
 “crime of violence means any violation of state law where a person
purposely or knowingly causes or threatens to cause death or
physical bodily injury to another person or persons”
“crime of pecuniary gain means any violation of state law that
directly results or was intended to result in the defendant alone, or in
association with others, receiving income, benefit, property, money,
or anything of value”




Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 29 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Ohio
§ 2923.41
Pattern of criminal
gang activity
“persons in the criminal gang have
committed, attempted to commit,
conspired to commit, been complicitors
in the commission of, or solicited,
coerced, or intimidated another to
commit, attempt to commit, conspire to
commit, or be in complicity in the
commission of two or more… offenses”
 A felony or an act committed by a juvenile that would be a felony if
committed by an adult
 An offense of violence or an act committed by a juvenile that would
be an offense of violence if committed by an adult
 A violation of section 2907.04 (Unlawful Sexual Conduct with
Minor), 2909.06 (Sexual Imposition), 2911.211 (Aggravated
Trespass), 2917.04 (Failure to Disperse), 2919.23 (Interference with
Custody), or 2919.24 (Contributing to Unruliness or Delinquency of
a Child) of the Revised Code, section 2921.04 (Intimidation of
Attorney, Victim or Witness in Criminal Case) or 2923.16
(Improperly Handling Firearms in a Motor Vehicle) of the Revised
Code, section 2925.03 (Trafficking in Drugs) of the Revised Code if
the offense is trafficking in marijuana, or section 2927.12 (Ethnic
Intimidation) of the Revised Code
There is a “pattern of criminal gang activity” if all of the following
apply with respect to the offenses that are listed in division (B)(1)(a),
(b), or (c) of this section and that persons in the criminal gang
committed, attempted to commit, conspired to commit, were in
complicity in committing, or solicited, coerced, or intimidated another to
commit, attempt to commit, conspire to commit, or be in complicity in
committing:
 At least one of the two or more offenses is a felony
 At least one of those two or more offenses occurs on or after the
effective date of this section
 The last of those two or more offenses occurs within five years after
at least one of those offenses
 The two or more offenses are committed on separate occasions or
by two or more persons









Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 30 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
South Carolina
§ 16-8-230
Pattern of criminal
gang activity
“the commission or attempted
commission of, commission as an
accessory before or after the fact to, or
solicitation or conspiracy to commit, by
a criminal gang member, while
knowingly and actively participating in
criminal gang activity, four or more …
offenses occurring within a two-year
period, provided that at least three of
these offenses occurred after
July 1, 2007”
 A violent offense as defined in Section 16-1-60 committed as a part
of criminal gang activity
 Financial transaction card crimes as defined in Chapter 14 of Title 16
committed as a part of criminal gang activity
 First-degree lynching as defined in Section 16-3-210 committed as a
part of criminal gang activity
 Second-degree lynching as defined in Section 16-3-220 committed as
a part of criminal gang activity
 Breaking into a motor vehicle as defined in Section 16-13-160
committed as a part of criminal gang activity
 Grand larceny as defined in Section 16-13-30 committed as a part of
criminal gang activity
 Blackmail as defined in Section 16-17-640 committed as a part of
criminal gang activity
 Malicious injury to property as defined in Sections 16-11-510, 16-11-
520, 16-11-530, and 16-11-535 committed as a part of criminal gang
activity
 Drug offense as defined in Sections 44-53-370 and 44-53-375
committed as a part of criminal gang activity
 Harassment, stalking, or aggravated stalking as defined in Article 17,
Chapter 3 of Title 16 committed as a part of criminal gang activity
 Pointing a firearm at any person as defined in Section 16-23-410
committed as a part of criminal gang activity
 Discharging a firearm at or into dwellings, structures, enclosures,
vehicles, or equipment as defined in Section 16-23-440 committed as
a part of criminal gang activity
 The common law offense of assault and battery of a high and
aggravated nature committed as a part of criminal gang activity
 The common law offense of obstruction of justice committed as a
part of criminal gang activity.





Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 31 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Tennessee
§ 40-35-121















Pattern of criminal
gang activity
“Prior convictions for the commission
or attempted commission of, or
solicitation or conspiracy to commit:”
 Two (2) or more criminal gang offenses that are classified as
felonies; or
 Three (3) or more criminal gang offenses that are classified as
misdemeanors; or
 One (1) or more criminal gang offenses that are classified as
felonies and two (2) or more criminal gang offenses that are
classified as misdemeanors; and
 The criminal gang offenses are committed on separate occasions;
and
 The criminal gang offenses are committed within a five-year period
“Criminal gang offense” means any violation of Tennessee law:
 During the perpetration of which the defendant knowingly causes,
or threatens to cause, death or bodily injury to another person or
persons and specifically includes rape of a child, aggravated rape,
and rape; or
That results, or was intended to result, in the defendant receiving
income, benefit, property, money, or anything of value from the
illegal sale, delivery, or manufacture of a controlled substance or
firearm
As used in this subsection (a), "prior conviction" means a criminal gang
offense for which a criminal gang member was convicted prior to the
commission of the instant criminal gang offense by the defendant and
includes convictions occurring prior to July 1, 1997. "Prior conviction"
includes convictions under the laws of any other state, government, or
country which, if committed in this state, would have constituted a
criminal gang offense. In the event that a conviction from a jurisdiction
other than Tennessee is not specifically named the same as a criminal
gang offense, the elements of the offense in the other jurisdiction shall
be used by the Tennessee court to determine if the offense is a criminal
gang offense.
 Convictions for multiple criminal gang offenses committed as part
of a single course of conduct within twenty-four (24) hours are not
committed on "separate occasions." However, acts which constitute
criminal gang offenses under subdivision (a)(3)(A) shall not be
construed to be a single course of conduct.

Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 32 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Utah
§ 78A-6-1202
Gang activity “any criminal activity that is conducted
as part of an organized youth gang. It
includes any criminal activity that is
done in concert with other gang
members, or done alone if it is to fulfill
gang purposes. Gang activity does not
include graffiti.”

Utah
§ 76-9-802
Pattern of criminal
gang activity
“committing, attempting to commit,
conspiring to commit, or soliciting the
commission of two or more predicate
gang crimes within five years; the
predicate gang crimes are: committed by
two or more persons; or committed by
an individual at the direction of, or in
association with a criminal street gang;
and 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.”
“Predicate gang crime” means any of the following offenses:
 Any criminal violation of the Utah Controlled Substances Act
 Any criminal violation of the Utah Drug Paraphernalia Act
 Any criminal violation of the Imitation Controlled Substances Act
 Any criminal violation of the Utah Controlled Substance Precursor
Act
 Assault offenses
 Criminal homicide
 Kidnapping and related offenses
 Felony sexual offenses
 Property destruction
 Burglary and criminal trespass
 Robbery
 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
 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
 Identity Fraud Act
 Obstructing governmental operations, except Sections 76-8-302, 76-
8 303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312
 Tampering with a witness
 Retaliation against a witness or victim
 Extortion or bribery to dismiss a criminal proceeding
 Explosives
 Weapons

Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 33 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Utah
§ 76-9-802

(continued)

 Bus Passenger Safety Act
 Pattern of Unlawful Activity Act
 Communications fraud
 Money Laundering and Currency Transaction Reporting Act
 Burglary of a research facility
 Motor Vehicle Act
 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
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
Virginia
§ 18.2-46.1

N/A N/A  Predicate criminal act means
 An act of violence;
 Any violation of Section 18.2-42 (Assault or Battery by a Mob),
18.2-46.3 (Recruitment of Persons for Criminal Street Gang;
Penalty), 18.2-51 (Shooting, Stabbing, Etc., with Intent to Maim,
Kill, Etc.), 18.2-51.1 (Malicious Bodily Injury to Law-Enforcement
Officers, Firefighters, Search and Rescue Personnel, or Emergency
Medical Service Providers; Penalty; Lesser- Included Offense),
18.2-52 (Malicious Bodily Injury by Means of any Caustic
Substance or Agent or Use of any Explosive or Fire), 18.2-53
(Shooting, Etc., in Committing or Attempting a Felony), 18.2-55
(Bodily Injuries Caused by Prisoners, State Juvenile Probationers
and State and Local Adult Probationers or Adult Parolees), 18.2-
56.1 (Reckless Handling of Firearms; Reckless Handling While
Hunting), 18.2-57 (Assault and Battery), 18.2-57.2 (Assault and
Battery Against a Family or Household Member; Penalty), 18.2-59
(Extorting Money, Etc., by Threats), 18.2-83 (Threats to Bomb or
Damage Buildings or Means of Transportation; False Information as
to Danger to Such Buildings, etc.; Punishment; Venue), 18.2-121
(Entering Property of Another for Purpose of Damaging it, Etc),
18.2-127 (Injuries to Churches, Church Property, Cemeteries, Burial
Grounds, Etc.; Penalty), 18.2-128 (Trespass

Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 34 of 35 August 2008
§State Term(s) Definition Enumerated/Elucidated Violations
Virginia
§ 18.2-46.1

(continued)
N/A N/A upon Church or School Property), 18.2-137 (Injuring, Etc., Any
Property, Monument, Etc), 18.2-138 (Damaging Public Buildings,
Etc.; Penalty), 18.2-146 (Breaking, Injuring, Defacing, Destroying
or Preventing the Operation of Vehicle, Aircraft or Boat), 18.2-147
(Entering or Setting in Motion, Vehicle, Aircraft, Boat, Locomotive
or Rolling Stock of Railroad; Exceptions), subsection H, H 1 or H 2
of § 18.2-248 (Manufacturing, Selling, Giving, Distributing, or
Possessing with Intent to Manufacture, Sell, Give, or Distribute a
Controlled Substance or an Imitation Controlled Substance
Prohibited; Penalties), § 18.2-248.01 (Transporting Controlled
Substances Into the Commonwealth; Penalty), 18.2-255
(Distribution of Certain Drugs to Persons Under 18 Prohibited;
Penalty), 18.2-255.2 (Prohibiting the Sale or Manufacture of Drugs
on or Near Certain Properties; Penalty), 18.2-282.1 (Brandishing a
Machete or Other Bladed Weapon with Intent to Intimidate;
Penalty), 18.2-286.1 (Shooting from Vehicles so as to Endanger
Persons; Penalty), 18.2-287.4 (Carrying Loaded Firearms in Public
Areas Prohibited; Penalty), 18.2-308.1 (Possession of Firearm, Stun
Weapon, or Other Weapon on School Property Prohibited), or 18.2-
356 (Receiving Money for Procuring Person);
 A second or subsequent felony violation of subsection C of § 18.2-
248 (Manufacturing, Selling, Giving, Distributing, or Possessing
with Intent to Manufacture, Sell, Give, or Distribute a Controlled
Substance or an Imitation Controlled Substance Prohibited;
Penalties) or of § 18.2-248.1 (Penalties for Sale, Gift, Distribution
or Possession
 with Intent to Sell, Give or Distribute Marijuana);
 Any violation of a local ordinance adopted pursuant to § 15.2-
1812.2 (Willful and Malicious Damage to or Defacement of Public
or Private Facilities; Penalty); or
 Any substantially similar offense under the laws of another state or
territory of the United States, the District of Columbia, or the United
States.



Brief Review of Federal and State Definitions
Definition of “Gang Activity” by State
(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)


Page 35 of 35 August 2008



§State Term(s) Definition Enumerated/Elucidated Violations
Wisconsin
§ 939.22




















Pattern of criminal
gang activity
“the commission of, attempt to commit
or solicitation to commit 2 or more of
the following crimes, or acts that would
be crimes if the actor were an adult, at
least one of those acts or crimes occurs
after December 25, 1993, the last of
those acts or crimes occurred within 3
years after a prior act or crime, and the
acts or crimes are committed, attempted
or solicited on separate occasions or by
2 or more persons”
 Manufacture, distribution, or delivery of a controlled substance or
controlled substance analog
 First-degree intentional homicide
 Second-degree intentional homicide
 Battery
 Battery, special circumstances
 Battery or threat to witness
 Mayhem
 Sexual assault
 False imprisonment
 Taking hostages
 Kidnapping
 Intimidation of witnesses
 Intimidation of victims
 Criminal damage to property
 Criminal damage to or threat to criminally damage the property of a
witness
 Arson of buildings or damage by explosives
 Burglary
 Theft
 Taking, driving, or operating a vehicle, or removing a part or
component of a vehicle, without the owner‟s consent
 Robbery
 Sexual assault of a child
 Repeated acts of sexual assault of the same child
 Sexual assault of a child placed in substitute care