(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if the actor: (a) solicits, recruits, entices, or intimidates a minor to join a criminal street gang; or (b) conspires to commit an act described in Subsection (2)(a) with the intent to cause a minor to join a criminal street gang. (3) A violation of Subsection (2) is: (a) a class A misdemeanor if the actor is a minor; or (b) a third degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang.
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