(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if, in the course of committing an offense under Section 76-9-803 , the offense: (a) involves the use of a dangerous weapon; (b) results in serious bodily injury to any individual; or (c) results in serious emotional distress to any individual. (3) A violation of Subsection (2) is: (a) a third degree felony if the actor is a minor; or (b) a second 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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