Criminal street gangs.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0020

ENROLLED ACT NO. 38, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
crimes and offenses; creating the crime of intimidation in furtherance of the interests of a criminal street gang; providing definitions;
and providing for an effective date.

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

Section 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.

Section 2.
W.S. 6
‑
1
‑
104(a) by creating new paragraphs (xiv) and (xv)
is
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)

Felony p
roperty 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
‑
111;

(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).

Section
3
.
This act is effective July 1, 20
10
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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