(1) |
It is a class B misdemeanor to:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
---|
class A misdemeanor | up to 364 days | up to $2,500 | class B misdemeanor | up to 6 months | up 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
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(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):
(ii) |
regarding the same minor; and |
(iii) |
within a period of 180 days. |
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(3) |
Prosecution for any offense under this section does not prohibit prosecution for any other criminal offense. |
Enacted by Chapter 15, 2008 General Session
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