David Nelson
Regular Member
imported post
The bill suggests that there's no criminal difference between a person who is a gang member and commits an enhanced offense, and a person who isn't a gang member and commits an enhanced offense
Utah Code Section 76-9-802. Definitions.
As used in this part:
(1) "Criminal street gang" means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(a) that is currently in operation;
(b) that has as one of its primary activities the commission of one or more predicate gang crimes;
(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. ...
Enacted by Chapter 15, 2008 General Session
Arrest now, ask later - the Judge will sort it out......I figure that a court can determine just who is a gang member the same way they determine whether a crime was committed or not...
You must be ecstatic..
This is a noble attempt but I don't see it being any more that political fodder. How do you prove that their primary activity is gang crimes. As I said lots of constitutional rights at stake in this definition and sure looks like McCarthyism all over again. You and two of your buddies standing on a street corner talking about OC can easily be hauled in under these guidelines by a LEO with an agenda. Sure you will probably beat it in court but so will the gangs.
Utah Code Section 76-9-802. Definitions.
As used in this part:
(1) "Criminal street gang" means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(a) that is currently in operation;
(b) that has as one of its primary activities the commission of one or more predicate gang crimes;
(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. ...
Enacted by Chapter 15, 2008 General Session
ProtectedbyHIS9mm wrote:I disagree, the red I bolded says it PRIMARY activities, meaning the primary activities of the group. Church doesnt count. Being a Mason doesnt count. Being an OCDOer doesnt count. All because thats not the primary intent. Primary intent of gangs is usually to illegally obtain money, drugs, power(with intent to harm) etc. I dont think its worded all that badly, but all bills usually can use a bit of tweaking. Also, the other bolded says a PATTERN of criminal activity. Just because I belong to achurch and steal something once doesnt fall under that criteria either. Just my opinion though.PT111 wrote:This is a noble attempt but I don't see it being any more that political fodder. How do you prove that their primary activity is gang crimes. As I said lots of constitutional rights at stake in this definition and sure looks like McCarthyism all over again. You and two of your buddies standing on a street corner talking about OC can easily be hauled in under these guidelines by a LEO with an agenda. Sure you will probably beat it in court but so will the gangs.
Utah Code Section 76-9-802. Definitions.
As used in this part:
(1) "Criminal street gang" means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(a) that is currently in operation;
(b) that has as one of its primary activities the commission of one or more predicate gang crimes;
(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. ...
Enacted by Chapter 15, 2008 General Session
With this definition of a "criminal street gang" ANYONE who commits a crime and is ANY part ofANY organization (church, club, open carry club etc...) it is nowa GANG crime.
Sure, people who never do anything illegal don't have anything to worry about. Personally I tend to speed - now I probably have a "pattern" of speeding - I am also a part of a club/organization. So... if I'm pulled over for speeding I'm commiting a gang crime?
This is WAY too broad of a definition.
I think its being read in to a little too much. I think it allows alot of wiggle room on BOTH ends, to possibly get into or get out of trouble. I really dont see your scenario being prosecuted as a violation of this law.