Utah Code 76-9-902. Definitions

76-9-902. Definitions.
As used in this part:

(1)

“Criminal street gang” means an organization, association in fact, or group of three or more persons, whether operated formally or informally:

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Terms Used In Utah Code 76-9-902

Conduct: means an act or omission. 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 substantial activities the commission of one or more predicate gang crimes;

(c)	that has, as a group, an identifying name or an 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 76-9-902

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Fraud: Intentional deception resulting in injury to another.

Highway: includes :Utah Code 68-3-12.5

Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5

Pattern of criminal gang activity: means committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years, if the predicate gang crimes are committed:

(a)

(i)	by two or more persons; or

(ii)	by an individual at the direction of or in association with a criminal street gang; and

(b)

with the specific intent to promote, further, or assist in any criminal conduct by members of a criminal street gang. See Utah Code 76-9-902

Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Statute: A law passed by a legislature.

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

that is currently in operation;

(b)	that has as one of its substantial activities the commission of one or more predicate gang crimes;

(c)	that has, as a group, an identifying name or an 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.

(2)

“Gang loitering” means a person remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to:

(a)	establish control over one or more identifiable areas;

(b)	intimidate others from entering those areas; or

(c)	conceal illegal activities.

(3)

“Pattern of criminal gang activity” means committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years, if the predicate gang crimes are committed:

(a)

(i)	by two or more persons; or

(ii)	by an individual at the direction of or in association with a criminal street gang; and

(b)	with the specific intent to promote, further, or assist in any criminal conduct by members of a criminal street gang.

(4)

(a)

“Predicate gang crime” means any of the following offenses:

(i)

any criminal violation of:

(A)	Title 58, Chapter 37, Utah Controlled Substances Act;

(B)	Title 58, Chapter 37a, Utah Drug Paraphernalia Act;

(C)	Title 58, Chapter 37b, Imitation Controlled Substances Act; or

(D)	Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;

(ii)	Sections 76-5-102 through 76-5-103.5, which address assault offenses;

(iii)

(iv)	Sections 76-5-301 through 76-5-304, which address kidnapping and related offenses;

(v)	any felony offense under 4;

(vi)

(vii)

(viii)

(ix)	any felony offense under 4, 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;

(x)	5, 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;

(xi)

11;

(xii)

3, except Sections 76-8-302, 76-8-303, 76-8-307, 76-8-308, and 76-8-312;

(xiii)

Section 76-8-508, which includes tampering with a witness;

(xiv)

Section 76-8-508.3, which includes retaliation against a witness or victim;

(xv)	Section 76-8-509, which includes extortion or bribery to dismiss a criminal proceeding;

(xvi)

a misdemeanor violation of Section 76-9-102, if the violation occurs at an official meeting;

(xvii)

(xviii)

(xix)

15;

(xx)

16;

(xxi)

Section 76-10-1801, which addresses communications fraud;

(xxii)

19;

(xxiii)

Section 76-10-2002, which addresses burglary of a research facility; and

(xxiv)

Title 41, Chapter 1a, Motor Vehicle Act:

(A)	Section 41-1a-1313, regarding possession of a motor vehicle without an identification number;

(B)	Section 41-1a-1315, regarding false evidence of title and registration;

(C)	Section 41-1a-1316, regarding receiving or transferring stolen vehicles;

(D)	Section 41-1a-1317, regarding selling or buying a vehicle without an identification number; and

(E)	Section 41-1a-1318, regarding the fraudulent alteration of an identification number.

(b)

“Predicate gang crime” also includes:

(i)	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; and

(ii)	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 any offense in Subsection (4)(a) if committed in this state.

(5)

(a)

“Public place” means any location or structure to which the public or a substantial group of the public has access, and includes:

(i)	a sidewalk, street, or highway;

(ii)	a public park, public recreation facility, or any other area open to the public;

(iii)

a shopping mall, sports facility, stadium, arena, theater, movie house, or playhouse, or the parking lot or structure adjacent to any of these; and

(iv)	the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and businesses.

(b)	“Public place” includes the lobbies, hallways, elevators, restaurants and other dining areas, and restrooms of any of the locations or structures under Subsection (5)(a).

Amended by Chapter 394, 2020 General Session

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