(1)  When a law enforcement officer observes a person whom the officer reasonably believes to be a member of a criminal street gang engaging in gang loitering in the presence of one or more other persons in any public place where gang loitering is prohibited under Section 76-9-905, the police officer shall:

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Terms Used In Utah Code 76-9-903

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • 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. See Utah Code 76-9-902
  • 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
  • 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). See Utah Code 76-9-902
    • (a)  inform all the persons that they are within an area in which loitering by a group containing one or more criminal street gang members is prohibited;

    (b)  order all the persons in the group to disperse and remove themselves from within sight and hearing of the location where the officer issues the order to disperse; and

    (c)  inform the persons that any person in the group will be subject to being charged with a criminal offense and will also be subject to arrest if the person fails to promptly obey the order to disperse.

    • (2)  The officer under Subsection (1) shall also advise the persons the officer is directing to disperse that each of the persons directed to disperse is subject to being charged with a criminal offense and will also be subject to arrest if the person is again, within eight hours after the current order to disperse is made:

    (a)  present in a public place with a group that includes one or more persons a peace officer reasonably believes to be a member of a criminal street gang; and

    (b)  within sight or hearing of the location where the law enforcement officer is currently issuing the order to disperse.

    Enacted by Chapter 86, 2009 General Session

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