45-8-405 . Pattern of criminal street gang activity. (1) For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions. (2) The offenses that form a pattern of criminal street gang activity include: (a) deliberate homicide, as defined in 45-5-102 ; (b) assault with a weapon, as defined in 45-5-213 ; (c) intimidation, as defined in 45-5-203 ; (d) kidnapping, as defined in 45-5-302 ; (e) aggravated kidnapping, as defined in 45-5-303 ; (f) robbery, as defined in 45-5-401 ; (g) sexual intercourse without consent, as defined in 45-5-503 ; (h) aggravated sex trafficking, as defined in 45-5-706 ; (i) child sex trafficking, as defined in 45-5-711 ; (j) criminal mischief, as defined in 45-6-101 ; (k) arson, as defined in 45-6-103 ; (l) burglary, as defined in 45-6-204 ; (m) theft, as defined in 45-6-301 ; (n) forgery, as defined in 45-6-325 ; (o) tampering with witnesses and informants, as defined in 45-7-206 ; (p) bringing armed individuals into the state, as defined in 45-8-106 ; (q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313 ; (r) carrying a concealed weapon, as defined in 45-8-316 ; (s) possession of a deadly weapon by a prisoner, as defined in 45-8-318 ; (t) possession of a destructive device, as defined in 45-8-334 ; (u) possession of explosives, as defined in 45-8-335 ; (v) possession of a sawed-off firearm, as defined in 45-8-340 ; (w) possession of a stolen firearm, as defined in 45-8-346 ; (x) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9; (y) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403 .
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