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Gang Deconstruction

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Brief Review of State Definitions of <strong>Gang</strong> Member<br />

National <strong>Gang</strong> Center Page 4 of 34 December 2016<br />

STATE TERM(S) NUMBER CRITERIA BELONGS TO OR ENGAGES IN<br />

Illinois<br />

§ 740 ILCS<br />

147-10<br />

Kansas<br />

§ 21-6313<br />

Michigan<br />

§ 750.411u<br />

§ 750.411v<br />

Street gang member<br />

<strong>Gang</strong> member<br />

Criminal street gang<br />

member<br />

<strong>Gang</strong> member<br />

Member of a gang<br />

N/A N/A “who actually and in fact belongs to a gang,<br />

and any person who knowingly acts in the<br />

capacity of an agent for or accessory to, or is<br />

legally accountable for, or voluntarily<br />

associates himself with a course or pattern<br />

of gang-related criminal activity, whether in<br />

a preparatory, executory, or cover-up phase<br />

of any activity, or who knowingly performs,<br />

aids, or abets any such activity”<br />

Admission of 3<br />

or more<br />

(b) “criminal street gang member" is a person who:<br />

(1) Admits to criminal street gang membership; or<br />

(2) meets three or more of the following criteria:<br />

(A) Is identified as a criminal street gang member by a parent or guardian;<br />

(B) is identified as a criminal street gang member by a state, county or city law<br />

enforcement officer or correctional officer or documented reliable informant;<br />

(C) is identified as a criminal street gang member by an informant of previously<br />

untested reliability and such identification is corroborated by independent<br />

information;<br />

(D) frequents a particular criminal street gang's area;<br />

(E) adopts such gang's style of dress, color, use of hand signs or tattoos;<br />

(F) associates with known criminal street gang members;<br />

(G) has been arrested more than once in the company of identified criminal street<br />

gang members for offenses which are consistent with usual criminal street<br />

gang activity;<br />

(H) is identified as a criminal street gang member by physical evidence including,<br />

but not limited to, photographs or other documentation;<br />

(I) has been stopped in the company of known criminal street gang members two<br />

or more times; or<br />

(J) has participated in or undergone activities self-identified or identified by a<br />

reliable informant as a criminal street gang initiation ritual<br />

N/A N/A “who belongs to a gang”<br />

N/A

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