Article 23. Gang Recruitment Act

§ 18-23-101. Definitions

As used in this article, unless the context otherwise requires:
(1) “Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal:
(a) Which has as one of its primary objectives or activities the commission of one or more predicate criminal acts; and
(b) Whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(2) “Pattern of criminal gang activity” means the commission, attempt, conspiracy, or solicitation of two or more predicate criminal acts which are committed on separate occasions or by two or more persons.
(3) “Predicate criminal acts” means the commission of or attempt, conspiracy, or solicitation to commit any of the following:
(a) Any conduct defined as racketeering activity in section 18-17-103 (5);
(b) Any violation of section 18-8-706 or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would violate section 18-8-706.

§ 18-23-102. Recruitment of juveniles for a criminal street gang

(1) A person commits recruitment of a juvenile for a criminal street gang if he or she is eighteen years of age or older and:
(a) Knowingly solicits, invites, recruits, encourages, coerces, or otherwise causes a person younger than eighteen years of age to actively participate in or become a member of a criminal street gang; or
(b) By use of force, threat, or intimidation directed at any person, or by the infliction of bodily injury upon any person, knowingly prevents a person younger than eighteen years of age from leaving a criminal street gang.
(2) [Effective until March 1, 2022.] Recruitment of a juvenile for a criminal street gang is a class 1 misdemeanor.
(2) [Effective March 1, 2022.] Recruitment of a juvenile for a criminal street gang in violation of subsection (1)(b) of this section is a class 1 misdemeanor, and recruitment of a juvenile for a criminal street gang in violation of subsection (1)(a) of this section is a class 2 misdemeanor.
(3) Nothing in this section shall affect the ability to charge criminal offenses under article 17 of this title.