76-9-802. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

As used in this part:

(1)"Criminal street gang" means an organization, association in fact, or group of three or more individuals, whether operated formally or informally:

(a)that is currently in operation;

(b)that has as one of the organization's, association's, or group's primary activities the commission of a criminal offense;

(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.

(2)"Gang loitering" means an individual 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 other individuals from entering those areas; or

(c)conceal illegal activities.

(3)"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.

(4)"Minor" means an individual younger than 18 years old.

(5)"Pattern of criminal gang activity" means:

(a)committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more criminal offenses within five years;

(b)the criminal offenses are:

(i)committed by two or more individuals; or

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

(c)the criminal offenses were committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang.

(a)"Public place" means any location or structure that the public or a substantial group of the public has access to.

(b)"Public place" 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;

(iv)a parking lot or structure adjacent to a shopping mall, sports facility, stadium, arena, theater, movie house, or playhouse;

(v)a common area of a school, hospital, apartment building, office building, transport facility, or a business; and

(vi)a lobby, hallway, elevator, restaurant or other dining area, or restroom of a location or structure described in Subsections (6)(b)(i) through

(v).

Amended by Chapter 173 , 2025 General Session

Amended by Chapter 178 , 2025 General Session

Amended by Chapter 208 , 2025 General Session