A. Combination means persons who collaborate in carrying on or furthering the activities or purposes of a criminal syndicate even though such persons may not know each other's identity, membership in the combination changes from time to time or one or more members may stand in a wholesaler-retailer or other arm's length relationship with others as to activities or dealings between or among themselves in an illicit operation.
B. Criminal street gang means an ongoing formal or informal association or persons whose members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any criminal act and who has at least one individual who is a criminal street gang member.
C. Criminal street gang member means an individual to whom two of the following seven criteria that indicate criminal street gang membership apply unless one is self-proclamation, which will show membership:
2. Witness testimony or official statement.
3. Written or electronic correspondence.
4. Paraphernalia or photographs.
5. Tattoos indicating a street gang.
6. Clothing or colors commonly associated with a gang.
7. Any other indicia of street gang membership.
D. Criminal syndicate means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct that violates any one or more criminal code provisions of this Nation.
E. Drive by shooting means intentionally discharging a firearm or the propulsion of any explosive or explosive device from a motor vehicle whether moving or stopped, at a person, another motor vehicle, or structure.
F. Participant means a person who of his or her own will is in a vehicle used in a drive-by shooting, as a shooter, driver, or as one who encourages such behavior through voluntary actions such as the yelling of gang names, knowing or having reason to know that a drive-by shooting is likely to occur.(Top)
Codified through Ordinance No. 104-99, adopted February 8, 1999. TITLE II REVISED MUNICIPAL CODE
Chapter 37 NUISANCES
ARTICLE II. PUBLIC NUISANCE OFFENSES
Sec. 37-50. Definitions
(a) Gang related criminal activity: means any criminal violation of federal law, state law, or City Code committed by two (2) or more persons, acting jointly, through a conspiracy, or in complicity, where those persons are members of the same association or organization which has as one (1) of its purposes the commission of crime.
(c) Public nuisance, Class one (1): any parcel of real property, personal property, or vehicle on or in which any of the following illegal activities occurs, or which is used to commit, conduct, promote, facilitate, or aid the commission of or flight from any of the following activities. For purposes of this section, the illegal activity shall have the same definition as that contained in the section of the Colorado Revised Statutes (C.R.S.), as amended, or the section of the Denver Revised Municipal Code, as amended, listed after the illegal activity:
8. Two (2) or more offenses of disturbing the peace, Denver Revised Municipal Code, section 38-89 within any one-hundred-eighty-day period; or
9. Unlawful discharge, possession, carrying, flourishing, concealment, storage, use, or sale of firearms, knives and/or assault weapons, dangerous weapons, or defaced firearms, Denver Revised Municipal Code sections 38-117, 38-119, 38-121, 38-122, and 38-130, and C.R.S. Sections 18-12-102, 18-12-103, 18-12-105, 18-12-106, 18-12-108, 18-12-108.5, or any offense relating to incendiary devices, section 38-126, Denver Revised Municipal Code and C.R.S. Section 18-12-109; or
10. Any gang-related criminal activity; or
11. Any drive-by crime, Section 16-13-301, C.R.S.; or
15. The storage or concealment of weapons or tools used in the commission of crimes of violence, C.R.S. Section 16-11-309, drive-by offenses, C.R.S. Section 16-13-301, or any offense in paragraph (9) above; or
16. Vehicular eluding, C.R.S. Section 18-9-116.5, or eluding or attempting to elude a police officer, C.R.S. Section 42-4-1414(Top)
(a) As used in this section, the term "street gang" or "gang" means as any ongoing organization, association in fact or group of three or more persons, whether formally or informally organized, or any subgroup or affiliated group thereof, having as one of its activities the commission of criminal or illegal acts, including, but not limited to, illegal drug distribution, and whose members individually or collectively engage in or have engaged in a pattern of criminal or illegal acts, and which group frequently, though not necessarily, claims one or more particular geographic territory or "turf" as its exclusive realm of influence and operations.
(b) It shall be unlawful for any person within the City of Camilla to knowingly use, display or wear colors, emblems or insignia on or about their person in public for the purpose of promoting any gang or street gang activity, or identifying oneself as a member of, or affiliated with any such gang or street gang.
(c) It shall be unlawful for any person within the City of Camilla to knowingly do or make any act, utterance, gesture or display for the purpose of communicating membership of, affiliation with, association with, support of, identification with, sympathy toward or affront or insult toward any gang or street gang, or with actual knowledge that the subject act, utterance, gesture or display is used and recognized as communicative of street gang membership, affiliation, association, support, identification, sympathy or affront.
(d) Penalty. Any person who is in violation of this chapter shall be subject to such punishment as the municipal court of the City of Camilla may impose, subject to all limitations contained in the Charter of the city.
(Ord. No. 96-3, § I, 4-8-96)(Top)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Street gang, gang, organized gang and criminal street gang means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of three or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity, without regard to any name or title taken by the group. For purposes of this act, it shall not be necessary to show that a particular conspiracy, combination, or conjoining of persons possesses, acknowledges or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age, or other qualifications, initiation rites, geographical or territorial situs or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy's existence, in law or in fact, can be demonstrated by a preponderance of other competent evidence. However, any evidence reasonably ending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this act.
Street gang member and gang member mean any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to or is legally accountable for or voluntarily associates himself with a course or pattern of gang-related criminal activity whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity.
Street gang-related and gang-related means any criminal activity, enterprise, pursuit or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in or ratified by any gang leader, officer or governing or policy-making person or authority or by any agent representative or deputy of any such officer, person or authority:
(1) To increase the gang's size, membership, prestige, dominance, or control in any geographical area; or
(2) To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including but not limited to, the manufacture, delivery or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity or pornography or that involves robbery, burglary, or theft; or
(3) To exact revenge or retribution for the gang or any member of the gang; or
(4) To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang; or
(5) To otherwise directly or directly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence, or membership.(Top)
Pattern of gang activity. The commission, attempt to commit, conspiring to commit, or solicitation of two or more predicate gang crimes, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same street gang within a one-year period.
Street gang. Any ongoing organization, association in fact, or group of three or more persons, whether formally or informally organized, or any subgroup or affiliated group thereof, having as one of its primary activities the commission of one or more criminal acts or illegal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(Ord. of 12-11-2003, § 1)(Top)
CRIMINAL STREET GANG. Any ongoing organization, association in fact, or group of three or more persons, whether formally or informally organized, or any sub-group or affiliated group thereof, having as one of its primary activities the commission of one or more criminal acts or illegal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity for a one-year period.
PATTERN OF CRIMINAL GANG ACTIVITY. The commission, attempt to commit, conspiring to commit, or solicitation of two or more predicate gang crimes, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang within a one-year period.
PREDICATE GANG CRIME.
(1) A state offense:
(a) Involving a controlled substance (as defined in Section 30-31-2 NMSA 1978, as amended, and/or Section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is imprisonment for not less than five years.
(b) That is a felony crime of violence that has an element the use or attempted use of physical force against the person on another; or
(2) Any federal or state felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense, including:
(a) Assault with a deadly weapon;
(b) Aggravated battery;
(d) Compelling organizational membership;
(e) Homicide or manslaughter;
(f) Shooting at an occupied dwelling or motor vehicle;
(h) Car jacking;
(j) Residential burglary;
(k) Drive-by shooting;
(l) Unlawful use or possession of weapons;
(n) Tampering with or retaliating against a witness, victim, informant, or juror;
(p) Torture; and
(q) Arson; or
(3) Any federal or state offense involving:
(a) Money laundering;
(b) Felony vandalism;
(c) Unlawful sale of a firearm; or
(d) Obstruction of justice.
(a) Criminal street gang means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity.
(b) Criminal street gang member is a person who is a member of a criminal street gang as defined in subsection (a) and who meets two or more of the following criteria:
(1) Admits to criminal street gang membership.
(2) Is identified as a criminal street gang member by a parent or guardian.
(3) Is identified as a criminal street gang member by a documented reliable informant.
(4) Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members.
(5) Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information.
(6) Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity.
(7) Is identified as a criminal street gang member by physical evidence such as photographs or other documentation.
(8) Has been stopped in the company of known criminal street gang members four or more times.
(c) Pattern of criminal street gang activity means the commission or attempted commission of, or solicitation or conspiracy to commit any combination of the following, on separate occasions within a three-year period:
(1) Two or more felonies defined under the laws of the state in which they occur or offenses defined under the Major Crimes Act, 18 U.S.C. § 1153; or
(2) Three or more misdemeanors defined under the laws of the state in which they occur or offenses defined in Cherokee Criminal Code; or
(3) A combination of one felony or Major Crimes Act offense and two misdemeanor or Cherokee Criminal Code offenses; or
(4) The comparable number of delinquent acts or violations of law which would be classified as above if committed by an adult.
(Ord. No. 117, 3-3-2000)
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