# Title 12.1 — Criminal Code

## Chapter 12.1-06.2 — Criminal Street Gangs

### § 12.1-06.2-01. Definitions.

As used in this chapter, the term:
1. "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.
2. "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.
3. "Criminal street gang" means any ongoing organization or group of three or more
persons, whether formal or informal, 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.
4. "Participate in a criminal street gang" means to act in concert with a criminal street
gang with intent to commit or with the intent that any other person associated with the
criminal street gang will commit one or more predicate gang crimes.
5. "Predicate gang crime" means the commission, attempted commission, or solicitation
of any felony, misdemeanor crime of violence, or misdemeanor crime of pecuniary
gain.
### § 12.1-06.2-02. Criminal street gang crime - Penalty.

Any person who commits a felony or class A misdemeanor crime of violence or crime of
pecuniary gain for the benefit of, at the direction of, or in association with any criminal street
gang, with the intent to promote, further, or assist in the affairs of a criminal gang, or obtain
membership into a criminal gang, is guilty of a class C felony.
### § 12.1-06.2-03. Encouraging minors to participate in criminal street gang - Penalty.

1. Any person eighteen years of age or older who knowingly or willfully causes, aids,
abets, encourages, solicits, or recruits a person under the age of eighteen years to
participate in a criminal street gang is upon conviction guilty of a class C felony.
2. Nothing in this section may be construed to limit prosecution under any other provision
of law.
### § 12.1-06.2-04. Local ordinances not preempted.

Nothing in this chapter may be construed as preventing a local governing body from
adopting and enforcing ordinances relating to gangs and gang-related violence.
