Montana Code 45-8-405. Pattern of criminal street gang activity
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.
Terms Used In Montana Code 45-8-405
- Conviction: A judgement of guilt against a criminal defendant.
- Criminal street gang: means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in 45-8-405, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity. See Montana Code 45-8-402
- Destructive device: as used in this chapter , includes but is not limited to the following weapons:
(a)a projectile containing an explosive or incendiary material or any other similar chemical substance, including but not limited to that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns;
(b)a bomb, grenade, explosive missile, or similar device or a launching device therefor;
(c)a weapon of a caliber greater than . See Montana Code 45-8-332
- Pattern of criminal street gang activity: has the meaning provided in 45-8-405. See Montana Code 45-8-402
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 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.