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Gang Deconstruction

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

National <strong>Gang</strong> Center Page 14 of 34 December 2016<br />

DEFINITION OF “GANG CRIME” BY STATE<br />

(States that have been highlighted in gray DO NOT have enhanced penalties for gang crimes.)<br />

STATE TERM(S) DEFINITION ENUMERATED/ELUCIDATED VIOLATIONS<br />

Arkansas<br />

§ 5-74-103<br />

California<br />

Penal Code<br />

§ 186.22<br />

Predicate<br />

criminal offense<br />

Pattern of<br />

criminal gang<br />

activity<br />

“any violation of Arkansas law that is a crime of violence or a crime of pecuniary<br />

gain”<br />

“the commission of, attempted commission of, conspiracy to commit, or<br />

solicitation of, sustained juvenile petition for, or conviction of two or more of the<br />

following offenses, provided at least one of these offenses occurred after the<br />

effective date of this chapter and the last of those offenses occurred within three<br />

years after a prior offense, and the offenses were committed on separate<br />

occasions, or by two or more persons”<br />

N/A<br />

• Assault with a deadly weapon or by means of force likely to produce great<br />

bodily injury<br />

• Robbery<br />

• Unlawful homicide or manslaughter<br />

• Sale, possession for sale, transportation, manufacture, offer for sale, or offer<br />

to manufacture controlled substances<br />

• Shooting at an inhabited dwelling or occupied motor vehicle<br />

• Discharging or permitting the discharge of a firearm from a motor vehicle<br />

• Arson<br />

• Intimidation of witnesses and victims<br />

• Grand theft<br />

• Grand theft of any firearm, vehicle, trailer, or vessel<br />

• Burglary<br />

• Rape<br />

• Looting<br />

• Money laundering<br />

• Kidnapping<br />

• Mayhem<br />

• Aggravated mayhem<br />

• Torture<br />

• Felony extortion<br />

• Felony vandalism<br />

• Carjacking<br />

• Sale, delivery, or transfer of a firearm<br />

• Possession of a pistol, revolver, or other firearm<br />

• Threats to commit crimes resulting in death or great bodily injury<br />

• Theft and unlawful taking or driving of a vehicle<br />

• Felony theft of an access card or account information<br />

• Counterfeiting, designing, using, or attempting to use an access card<br />

• Felony fraudulent use of an access card or account information<br />

• Unlawful use of personal identifying information to obtain credit, goods,<br />

services, or medical information<br />

• Wrongfully obtaining Department of Motor Vehicles documentation

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