I. A convicted person may be sentenced according to paragraph III if the jury also finds beyond a reasonable doubt that such person:
[Subparagraph (q) effective March 31, 2009.]
(q) Has knowingly committed any of the following offenses as a criminal street gang member, or for the benefit of, at the direction of, or in association with any criminal street gang, with the purpose to promote, further, or assist in any such criminal conduct by criminal street gang members:
(1) Violent crime as defined in RSA 651:5, XIII.
(2) A crime involving the distribution, sale, or manufacture of a controlled drug under RSA 318-B:2.
(3) Class A felony theft where the property stolen was a firearm.
(4) Unlawful sale of a pistol or a revolver.
(5) Witness tampering.
(6) Criminal street gang solicitation as defined in RSA 644:20.
[Paragraph I-a effective until March 31, 2009; see also paragraph I-a set out below.]
I-a. As used in this section, a "law enforcement officer" is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail, or corrections institution, a probation-parole officer, a juvenile probation and parole officer, or a conservation officer.
[Paragraph I-a effective March 31, 2009; see also paragraph I-a set out above.]
I-a. As used in this section:
(a) "Law enforcement officer" means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail, or corrections institution, a probation-parole officer, a juvenile probation and parole officer, or a conservation officer.
(b) "Criminal street gang member" means an individual to whom 2 or more of the following apply:
(1) Admits to criminal street gang membership;
(2) Is identified as a criminal street gang member by a law enforcement officer, parent, guardian, or documented reliable informant;
(3) Resides in or frequents a particular criminal street gang's area and adopts its style of dress, its use of hand or other signs, tattoos, or other physical markings, and associates with known criminal street gang members; or
(4) Has been arrested more than once in the company of individuals who are identified as criminal street gang members by law enforcement, for offenses that are consistent with usual criminal street gang activity.
(c) "Criminal street gang" means a formal or informal ongoing organization, association, or group of 3 or more persons, which has as one of its primary objectives or activities the commission of criminal activity, whose members share a common name, identifying sign, symbol, physical marking, style of dress, or use of hand sign, and whose members individually or collectively have engaged in the commission, attempted commission, solicitation to commit, or conspiracy to commit 2 or more the following offenses, or a reasonably equivalent offense in another jurisdiction, on separate occasions within the preceding 3 years:
(1) Violent crimes, as defined in RSA 651:5, XIII;
(2) Distribution, sale, or manufacture of a controlled drug in violation of RSA 318-B:2;
(3) Class A felony theft;
(4) Unlawful sale of a pistol or revolver; or
(5) Witness tampering.
III. If authorized by paragraph I or II, and if written notice of the possible application of this section is given the defendant at least 21 days prior to the commencement of jury selection for his or her trial, a defendant may be sentenced to an extended term of imprisonment. An extended term is, for a person convicted of:
(a) Any felony, other than murder or manslaughter, a minimum to be fixed by the court of not more than 10 years and a maximum to be fixed by the court of not more than 30 years;
(b) A misdemeanor, a minimum to be fixed by the court of not more than 2 years and a maximum to be fixed by the court of not more than 5 years;
(c) Manslaughter, a minimum to be fixed by the court of not more than 20 years and a maximum to be fixed by the court of not more than 40 years;
(d) Murder, life imprisonment;
(e) Two or more offenses under RSA 632-A:2, life imprisonment without parole;
(f) A third offense under RSA 632-A:3, life imprisonment; or
(g) Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of not less than 90 days and a maximum of not more than one year.
(Top)I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person;
Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang, as defined in RSA 651:6, I-a(c), shall be guilty of a class A felony.
(Top)Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang, as defined in RSA 651:6, I-a(c), shall be guilty of a class A felony.
(Top)I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person;