HF 2452

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; imposing felony penalties on adults 
  1.3             who solicit or cause a minor to participate in a 
  1.4             criminal gang; amending Minnesota Statutes 1994, 
  1.5             section 609.229. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 609.229, is 
  1.8   amended to read: 
  1.9      609.229 [CRIME COMMITTED FOR BENEFIT OF A GANG; ENCOURAGING 
  1.10  MINOR TO PARTICIPATE IN GANG.] 
  1.11     Subdivision 1.  [DEFINITION DEFINITIONS.] (a) As used in 
  1.12  this section, the following terms have the meanings given in 
  1.13  this subdivision. 
  1.14     (b) "Criminal gang" means any ongoing organization, 
  1.15  association, or group of three or more persons, whether formal 
  1.16  or informal, that: 
  1.17     (1) has, as one of its primary activities, the commission 
  1.18  of one or more of the offenses listed in section 609.11, 
  1.19  subdivision 9; 
  1.20     (2) has a common name or common identifying sign or symbol; 
  1.21  and 
  1.22     (3) includes members who individually or collectively 
  1.23  engage in or have engaged in a pattern of criminal activity. 
  1.24     (c) "Participate in a criminal gang" means to act in 
  1.25  concert with a criminal gang with intent to engage in criminal 
  2.1   activity or with the intent that any other person associated 
  2.2   with the criminal gang will engage in criminal activity. 
  2.3      Subd. 2.  [CRIMES COMMITTED FOR BENEFIT OF GANG.] A person 
  2.4   who commits a crime for the benefit of, at the direction of, or 
  2.5   in association with a criminal gang, with the intent to promote, 
  2.6   further, or assist in criminal conduct by gang members is guilty 
  2.7   of a crime and may be sentenced as provided in subdivision 3. 
  2.8      Subd. 2a.  [ENCOURAGING MINOR TO PARTICIPATE IN GANG.] A 
  2.9   person who is 18 years old or older who knowingly causes, aids, 
  2.10  abets, encourages, solicits, or recruits a minor to participate 
  2.11  in a criminal gang is guilty of a felony and may be sentenced as 
  2.12  provided in subdivision 3. 
  2.13     Subd. 3.  [PENALTY.] (a) If the crime committed in 
  2.14  violation of subdivision 2 is a felony, the statutory maximum 
  2.15  for the crime is three years longer than the statutory maximum 
  2.16  for the underlying crime. 
  2.17     (b) If the crime committed in violation of subdivision 2 is 
  2.18  a misdemeanor, the person is guilty of a gross misdemeanor. 
  2.19     (c) If the crime committed in violation of subdivision 2 is 
  2.20  a gross misdemeanor, the person is guilty of a felony and may be 
  2.21  sentenced to imprisonment for not more than one year and a day 
  2.22  or to payment of a fine of not more than $5,000, or both. 
  2.23     (d) A person convicted of violating subdivision 2a may be 
  2.24  sentenced to imprisonment for not more than one year and a day 
  2.25  or to payment of a fine of not more than $5,000, or both. 
  2.26     Sec. 2.  [EFFECTIVE DATE.] 
  2.27     Section 1 is effective August 1, 1996, and applies to 
  2.28  crimes committed on or after that date.