(1)  It is a class B misdemeanor to:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 76-9-803

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
    (a) that is currently in operation;
    (b) that has as one of its primary activities the commission of one or more predicate gang crimes;
    (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
    (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-802
  • Intimidate: means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. See Utah Code 76-9-802
  • Minor: means a person younger than 18 years old. See Utah Code 76-9-802
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • (a)  solicit, recruit, entice, or intimidate a minor to join a criminal street gang, whether or not the minor actually joins the criminal street gang;

    (b)  conspire to commit any act under Subsection (1)(a) with the intent to cause a minor to join a criminal street gang; or

    (c)  use intimidation to prevent or attempt to prevent a minor from leaving a criminal street gang or ending the minor’s affiliation with a criminal street gang.

(2)  It is a class A misdemeanor for any person who is a member of or actively involved with a criminal street gang to:

(a)  intimidate or otherwise cause a minor to commit or attempt to commit any misdemeanor criminal offense; or

(b)  commit a violation of Subsection (1)(a):

(i)  more than once;

(ii)  regarding the same minor; and

(iii)  within a period of 180 days.

(3)  Prosecution for any offense under this section does not prohibit prosecution for any other criminal offense.

Enacted by Chapter 15, 2008 General Session