1. A person, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise, who maliciously or wantonly discharges or causes to be discharged out of the motor vehicle, any pistol, gun or any other kind of firearm:
(a) If the motor vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the motor vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(Top)1. Except as otherwise provided in NRS 193.169, any person who is convicted of a felony committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang, shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by the statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime.
2. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. The court shall not impose an additional penalty pursuant to this section unless:
(a) The indictment or information charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang; and
(b) The trier of fact finds that allegation to be true beyond a reasonable doubt.
4. Except as otherwise provided in this subsection, the court shall not grant probation to or suspend the sentence of any person convicted of a felony committed for the benefit of, at the direction of, or in affiliation with a criminal gang if an additional term of imprisonment may be imposed for that primary offense pursuant to this section. The court may, upon the receipt of an appropriate motion, reduce or suspend the sentence imposed for the primary offense if it finds that the defendant rendered substantial assistance in the arrest or conviction of any other principals, accomplices, accessories or coconspirators to the crime, or of any other persons involved in the commission of a felony which was committed for the benefit of, at the direction of, or in affiliation with a criminal gang. The agency which arrested the defendant must be given an opportunity to support or oppose such a motion before it is granted or denied. If good cause is shown, the motion may be heard in camera.
5. In any proceeding to determine whether an additional penalty may be imposed pursuant to this section, expert testimony is admissible to show particular conduct, status and customs indicative of criminal gangs, including, but not limited to:
(a) Characteristics of persons who are members of criminal gangs;
(b) Specific rivalries between criminal gangs;
(c) Common practices and operations of criminal gangs and the members of those gangs;
(d) Social customs and behavior of members of criminal gangs;
(e) Terminology used by members of criminal gangs;
(f) Codes of conduct, including criminal conduct, of particular criminal gangs; and
(g) The types of crimes that are likely to be committed by a particular criminal gang or by criminal gangs in general.
6. As used in this section, "criminal gang" means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which: (a) Has a common name or identifying symbol; (b) Has particular conduct, status and customs indicative of it; and (c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense. (Added to NRS by 1991, 1057)
(Top)5. In any proceeding to determine whether an additional penalty may be imposed pursuant to this section, expert testimony is admissible to show particular conduct, status and customs indicative of criminal gangs, including, but not limited to:
(a) Characteristics of persons who are members of criminal gangs;
(b) Specific rivalries between criminal gangs;
(c) Common practices and operations of criminal gangs and the members of those gangs;
(d) Social customs and behavior of members of criminal gangs;
(e) Terminology used by members of criminal gangs;
(f) Codes of conduct, including criminal conduct, of particular criminal gangs; and
(g) The types of crimes that are likely to be committed by a particular criminal gang or by criminal gangs in general.
(Top)1. All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes, is subject to forfeiture:
(d) The commission of any crime by a criminal gang, as defined in NRS 213.1263.
(Top)The state board in cooperation with the board of trustees of the various county school districts shall develop for pupils in the first through eighth grades:
(a) Programs designed to reduce the number of pupils who drop out of school; and
(b) Programs for the prevention of the abuse of alcohol and controlled substances.
2. The state board in cooperation with the board of trustees of the various county school districts may seek the cooperation of private industry in developing for pupils in all grades programs and activities designed to reduce the number of pupils who participate in the activities of criminal gangs, as defined in NRS 213.1263.
(Top)1. The governing body of a city shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.
2. The governing body of a city may bring an action against a person responsible for placing graffiti on the property of the city to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.
(Top)1. The board of trustees of a school district may, in consultation with the schools within the district, parents and legal guardians of pupils who are enrolled in the district, and associations and organizations representing licensed educational personnel within the district, establish a policy that requires pupils to wear school uniforms.
2. The policy must:
(a) Describe the uniforms;
(b) Designate which pupils must wear the uniforms; and
(c) Designate the hours or events during which the uniforms must be worn.
3. If the board of trustees of a school district establishes a policy that requires pupils to wear school uniforms, the board shall facilitate the acquisition of school uniforms for pupils whose parents or legal guardians request financial assistance to purchase the uniforms.
4. The board of trustees of a school district may establish a dress code enforceable during school hours for the teachers and other personnel employed by the board of trustees.
1. The board of trustees of each school district may establish a policy that prohibits the activities of criminal gangs on school property. The policy may prohibit:
(a) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and
(b) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.
2. Each policy that prohibits the activities of criminal gangs on school property may provide for the suspension or expulsion of pupils who violate the policy.
3. As used in this section, "criminal gang" has the meaning ascribed to it in NRS 213.1263.
(Top)6. As used in this section, "criminal gang" means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.
As used in this chapter, "graffiti" means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on, or affixed to the public or private property, real or personal, of another, which defaces the property.
"Graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on the public or private property, real or personal, of another, which defaces such property.
As used in this section, NRS 268.408; and 268.4085, "graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on the public or private property, real or personal, of another, which defaces such property.
(Top)1. The graffiti reward fund is hereby created in the state general fund.
2. When a defendant pleads or is found guilty of violating 206.330 or 206.335, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Graffiti Reward Fund.
3. All money received pursuant to subsection 2 must be deposited with the State Controller for credit to the Graffiti Reward Fund. The money in the Fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335.
4. If sufficient money is available in the Graffiti Reward Fund, a state law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335. The reward must be paid out of the Graffiti Reward Fund upon approval by the State Board of Examiners.
1. The board of county commissioners shall create a graffiti reward and abatement fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates a county ordinance that prohibits graffiti or other defacement of property.
2. When a defendant pleads or is found guilty or guilty but mentally ill of violating a county ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.
3. If sufficient money is available in the graffiti reward and abatement fund, a county law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates a county ordinance that prohibits graffiti or other defacement of property. The reward must be paid out of the graffiti reward and abatement fund upon approval of the board of county commissioners.
1. The governing body of each city shall create a graffiti reward and abatement fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violated a city ordinance that prohibits graffiti or other defacement of property.
2. When a defendant pleads or is found guilty or guilty but mentally ill of violating a city ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.
3. If sufficient money is available in the graffiti reward and abatement fund, a law enforcement agency for the city may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates a city ordinance that prohibits graffiti or other defacement of property. The reward must be paid out of the graffiti reward and abatement fund upon approval of the governing body of the city.
(Top)1. The board of trustees of each school district may establish a policy that prohibits the activities of criminal gangs on school property. The policy may prohibit:
(a) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and
(b) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.
2. Each policy that prohibits the activities of criminal gangs on school property may provide for the suspension or expulsion of pupils who violate the policy.
3. As used in this section, "criminal gang" has the meaning ascribed to it in NRS 213.1263.
(Top)1. Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of placing graffiti on or otherwise defacing public or private property owned or possessed by another person in violation of NRS 206.125; or 206.330, the juvenile court may:
(a) If the child possesses a driver's license, issue an order suspending the driver's license of the child for at least 90 days but not more than 2 years; or
(b) If the child does not possess a driver's license and the child is or will be eligible to receive a driver's license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver's license for a period specified by the juvenile court which must be at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license; or
(2) After the date the child will be eligible to receive a driver's license, if the child is not eligible to receive a license on the date of the order.
2. If the child is already the subject of a court order suspending or delaying the issuance of his driver's license, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
As used in this chapter, "graffiti" means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on, or affixed to the public or private property, real or personal, of another, which defaces the property.
1. Unless a greater penalty is provided by law, a person who knowingly vandalizes, places graffiti on, defaces, or otherwise damages:
(a) Any church, synagogue, or other building, structure, or place used for religious worship or other religious purpose;
(b) Any cemetery, mortuary, or other facility used for the purpose of burial or memorializing the dead;
(c) Any school, educational facility, or community center;
(d) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure, or place described in paragraph (a), (b), or (c); or
(e) Any personal property contained in any institution, facility, building, structure, or place described in paragraph (a), (b), or (c) is guilty of a gross misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution for the damage.
2. A person who is paid money for restitution pursuant to subsection 1 shall use the money to repair or restore the property that was damaged.
1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:
(a) Where the value of the loss is less than $250, is guilty of a misdemeanor.
(b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.
(c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation, or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses may be aggregated for the purpose of determining the penalty prescribed in subsection 1.
3. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, perform not less than 50 hours, but not more than 99 hours, of community service.
(b) For the second offense, perform not less than 100 hours, but not more than 199 hours, of community service.
(c) For the third and each subsequent offense, perform not less than 200 hours of community service. The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
4. The parent or legal guardian of a person under the age of 18 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
5. If a person who is 18 years of age or older is found guilty of violating this section, the court may issue an order suspending the driver's license of the person for a period not to exceed 6 months in addition to any other penalty imposed. If such an order is issued, the court shall require the person to surrender all driver's licenses then held by the person. If the person does not possess a driver's license, the court may issue an order prohibiting the person from applying for a driver's license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.
6. The Department of Motor Vehicles:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a driver's license pursuant to this section to an insurance company or its agent inquiring about the person's driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
7. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.
8. As used in this section, "impairment" means the disruption of ordinary and incidental services, the temporary loss of use, or the removal of the property from service for repair of damage.
1. Any person who carries on his person a graffiti implement with the intent to vandalize, place graffiti on or otherwise deface public or private property, real or personal, of another:
(a) While on or under any overpass or bridge or in any flood channel;
(b) At any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public which states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or
(c) In a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization,
is guilty of a misdemeanor unless he has first received valid authorization from the governmental entity which has jurisdiction over the public area or other person who is designated to provide such authorization.
2. As used in this section:
(a) "Broad-tipped indelible marker" means any felt-tipped marker or similar implement which contains a fluid that is not soluble in water and which has a flat or angled writing surface of a width of one-half inch or greater.
(b) "Graffiti implement" means any broad-tipped indelible marker or aerosol paint container or other item that may be used to propel or apply fluid that is not soluble in water.
(c) "Public transportation vehicle" means a bus, train or other vehicle or instrumentality used to transport persons from a transportation facility to another location.
(d) "Transportation facility" means an airport, marina, bus terminal, train station, bus stop or other facility where a person may go to obtain transportation.
1. The graffiti reward fund is hereby created in the state general fund.
2. When a defendant pleads or is found guilty of violating 206.330 or 206.335, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Graffiti Reward Fund.
3. All money received pursuant to subsection 2 must be deposited with the State Controller for credit to the Graffiti Reward Fund. The money in the Fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335.
4. If sufficient money is available in the Graffiti Reward Fund, a state law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335. The reward must be paid out of the Graffiti Reward Fund upon approval by the State Board of Examiners.
If a court orders a person who violates the provisions of NRS 206.125 or 206.330 to pay restitution, the person shall pay the restitution to:
1. The owner of the property which was affected by the violation; or
2. If the violation involved the placing of graffiti on any public property, the governmental entity that incurred expenses for removing, covering or cleaning up the graffiti.
"Graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on the public or private property, real or personal, of another, which defaces such property.
1. The board of county commissioners shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.
2. The board of county commissioners may bring an action against a person responsible for placing graffiti on the property of the county to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.
1. The board of county commissioners may adopt by ordinance procedures pursuant to which officers, employees, or other designees of the county may cover or remove graffiti that is:
(a) Placed on the exterior of a fence or wall located on the perimeter of residential property; and
(b) Visible from a public right of way.
2. An ordinance adopted pursuant to subsection 1 must provide that:
(a) Officers, employees, or other designees of the county shall not cover or remove the graffiti unless:
(1) The owner of the residential property consents to the covering or removal of the graffiti; or
(2) If the board of county commissioners or its designee is unable to contact the owner of the residential property to obtain his consent, the board first provides the owner of the property with written notice that is:
(I) Sent by certified mail, return receipt requested; and
(II) Posted on the residential property on which the graffiti will be covered or from which the graffiti will be removed,
at least five days before the officers, employees, or other designees of the county cover or remove the graffiti.
(b) The county shall pay the cost of covering or removing the graffiti.
1. The board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of nonresidential property within the county to cover or remove graffiti that is:
(a) Placed on that nonresidential property; and
(b) Visible from a public right of way,
to protect the public health, safety, and welfare of the residents of the county and to prevent blight upon the community.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, of the existence on his property of graffiti and the date by which he must cover or remove the graffiti; and
(2) Afforded an opportunity for a hearing and an appeal before the board or its designee.
(b) Provide that the date specified in the notice by which the owner must cover or remove the graffiti is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money expended for labor and materials used to cover or remove the graffiti if the owner fails to cover or remove the graffiti.
3. The board or its designee may direct the county to cover or remove the graffiti and may recover the amount expended by the county for labor and materials used to cover or remove the graffiti if:
(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the notice;
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the order; or
(c) The board has denied the appeal of the owner and the owner has failed to cover or remove the graffiti within the period specified in the order.
4. In addition to any other reasonable means of recovering money expended by the county to cover or remove the graffiti, the board may:
(a) Provide that the cost of covering or removing the graffiti is a lien upon the nonresidential property on which the graffiti was covered or from which the graffiti was removed; or
(b) Make the cost of covering or removing the graffiti a special assessment against the nonresidential property on which the graffiti was covered or from which the graffiti was removed.
5. A lien authorized pursuant to paragraph (a) of subsection 4 must be perfected by:
(a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the nonresidential property is located; and
(b) Filing with the county recorder of the county in which the nonresidential property is located, a statement of the amount due and unpaid and describing the property subject to the lien.
6. A special assessment authorized pursuant to paragraph (b) of subsection 4 may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to such a special assessment.
7. As used in this section, "nonresidential property" means all real property other than residential property. The term does not include real property owned by a governmental entity.
1. The board of county commissioners shall create a graffiti reward and abatement fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates a county ordinance that prohibits graffiti or other defacement of property.
2. When a defendant pleads or is found guilty or guilty but mentally ill of violating a county ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.
3. If sufficient money is available in the graffiti reward and abatement fund, a county law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates a county ordinance that prohibits graffiti or other defacement of property. The reward must be paid out of the graffiti reward and abatement fund upon approval of the board of county commissioners.
As used in this section, NRS 268.408; and 268.4085, "graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on the public or private property, real or personal, of another, which defaces such property.
1. The governing body of a city shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.
2. The governing body of a city may bring an action against a person responsible for placing graffiti on the property of the city to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.
1. The governing body of each city shall create a graffiti reward and abatement fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violated a city ordinance that prohibits graffiti or other defacement of property.
2. When a defendant pleads or is found guilty or guilty but mentally ill of violating a city ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.
3. If sufficient money is available in the graffiti reward and abatement fund, a law enforcement agency for the city may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates a city ordinance that prohibits graffiti or other defacement of property. The reward must be paid out of the graffiti reward and abatement fund upon approval of the governing body of the city.
1. The chief shall remove or cover all evidence that graffiti has been placed on the real or personal property which is owned or otherwise controlled by the state within 15 days after he discovers the graffiti or as soon as practicable.
2. The chief may bring an action against a person responsible for placing graffiti on the property to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.
3. As used in this section, "graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on the public or private property, real or personal, of another, which defaces such property.
(Top)1. The board may, as a condition of releasing a prisoner on parole, prohibit the prisoner from associating with the members of a criminal gang.
2. As used in this section, "criminal gang" means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal activity punishable as a felony.