Criminal street gangs.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0409

HOUSE BILL
NO.
HB0159

Criminal street gangs.

Sponsored by:
Representative(s) Steward, Bagby and Brown and Senator(s) Martin

A BILL

for

AN ACT relating to crimes and offenses; creating the crime of intimidation in furtherance of the interests of a criminal street gang; amending the offense of property destruction and defacement to explicitly include graffiti; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

S
ection 1.

W.S. 6
‑
2
‑
403
is
created to read:

6
‑
2
‑
403.

Intimidation in furtherance of the interests of a criminal street gang.

(a)

A person is guilty of intimidation in furtherance of the interests of a criminal street gang if he threatens or intimidates by word or conduct to cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang.

(b)

Intimidation in furtherance of the interests of a criminal street gang is a high misdemeanor punishable by imprisonment of up to one (1) year, a fine of up to one thousand dollars ($1,000.00), or both.

S
ection 2.

W
.S. 6
‑
1
‑
104(a) by creating
new
paragraphs (xiv) and (xv) and 6
‑
3
‑
201(a) and by creating a new subsection (d) are amended to read:

6
‑
1
‑
104.

Definitions.

(a)

As used in W.S. 6
‑
1
‑
101 through 6
‑
10
‑
203 unless otherwise defined:

(xiv)

"Criminal street gang" means an ongoing formal or informal organization, association or group of five (5) or more persons having as one (1) of its primary activities the commission of one (1) or more of the criminal acts enumerated in paragraph (xv) of this subsection, having a common name or identifying sign or symbol and whose members or associates individually or collectively engage in or have been engaged in a pattern of criminal street gang activity;

(xv)

"Pattern of criminal street gang activity" means the commission
of
,
conviction or adjudication for
or

solicitation, conspiracy
or
attempt
to commit
two (2) or more of the offenses listed in this paragraph
on separate occasions
within a three (3) year period. Offenses that form a pattern of criminal street gang activity include:

(A)

A violent felony as defined in paragraph (xii) of this subsection;

(B)

Promoting prostitution in violation of W.S. 6
‑
4
‑
103;

(C)

Property destruction and defacement
in violation of W.S. 6
‑
3
‑
201 and punishable under W.S. 6
‑
3
‑
201(b)(iii);

(D)

Larceny in violation of W.S. 6
‑
3
‑
402;

(E)

Wrongful taking or disposing of property in violation of W.S. 6
‑
3
‑
403;

(F)

Forgery in violation of W.S. 6
‑
3
‑
602;

(G)

Influencing, intimidating or impeding jurors, witnesses and officers
,
or obstructing or impeding justice in violation of W.S. 6
‑
5
‑
305;

(H)

Possession of a firearm by a person convicted of certain felony offenses in violation of W.S. 6
‑
8
‑
102;

(J)

Wearing or carrying concealed weapons in violation of W.S. 6
‑
8
‑
104;

(K)

Possession, manufacture or disposition of
a
deadly weapon with unlawful intent in violation of W.S. 6
‑
8
‑
103;

(M)

Blackmail in violation of W.S. 6
‑
2
‑
402;

(N)

Possession, manufacture, transportation and sale of
any
explosive, improvised explosive device or incendiary apparatus with unlawful intent in violation of W.S. 6
‑
3
‑
11
1
;

(O)

Sports bribery in violation of W.S. 6
‑
3
‑
609;

(P)

Aggravated cruelty to animals in violation of W.S. 6
‑
3
‑
203(c);

(Q)

The unlawful sale or possession with intent to manufacture, distribute or dispense a controlled substance
in violation of W.S. 35-7-1031
;

(R)

Simple assault in violation of W
.
S. 6
‑
2
‑
501(a);

(S)

Battery
in violation of W.S. 6
‑
2
‑
501(b).

6
‑
3
‑
201.

Property destruction and defacement; grading; penalties; aggregated costs or values.

(a)

A person is guilty of property destruction and defacement if he knowingly defaces, injures
, inscribes graffiti
o
n
or destroys property of another without the owner's consent.

(d)

As used in this section, "graffiti" means any form of painting, writing or inscription regardless of the content or nature of the materials used which is applied to any public or private surface without the consent of the owner of the property.

S
ection 3.

This act is effective July 1, 200
9
.

(END)

1
HB0159