45-8-405. Pattern of criminal street gang activity. (1) For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, attempt; adjudication as a delinquent youth for the commission, attempt, or solicitation; or conviction of two or more of the offenses listed in subsection (2) within a 3-year period, and that the offenses were committed on separate occasions.
     (2) The offenses that form a pattern of criminal street gang activity include:
     (a) deliberate homicide, as defined in 45-5-102;
     (b) felony assault, as defined in 45-5-202;
     (c) intimidation, as defined in 45-5-203;
     (d) kidnapping, as defined in 45-5-302;
     (e) aggravated kidnapping, as defined in 45-5-303;
     (f) robbery, as defined in 45-5-401;
     (g) sexual intercourse without consent, as defined in 45-5-503;
     (h) aggravated promotion of prostitution, as defined in 45-5-603;
     (i) criminal mischief, as defined in 45-6-101;
     (j) arson, as defined in 45-6-103;
     (k) burglary, as defined in 45-6-204;
     (l) theft, as defined in 45-6-301;
     (m) forgery, as defined in 45-6-325;
     (n) tampering with witnesses and informants, as defined in 45-7-206;
     (o) bringing armed men into the state, as defined in 45-8-106;
     (p) unlawful possession of a firearm by a convicted person, as defined in 45-8-313;
     (q) carrying a concealed weapon, as defined in 45-8-316;
     (r) possession of a deadly weapon by a prisoner, as defined in 45-8-318;
     (s) possession of a destructive device, as defined in 45-8-334;
     (t) possession of explosives, as defined in 45-8-335;
     (u) possession of a sawed-off firearm, as defined in 45-8-340;
     (v) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9;
     (w) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403.

     History: En. Sec. 5, Ch. 285, L. 1997.