609.229 CRIME COMMITTED FOR BENEFIT OF A GANG.
Subdivision 1. Definition.
As used in this section, "criminal gang" means any ongoing
organization, association, or group of three or more persons, whether formal or informal, that:
(1) has, as one of its primary activities, the commission of one or more of the offenses
listed in section
609.11, subdivision 9
(2) has a common name or common identifying sign or symbol; and
(3) includes members who individually or collectively engage in or have engaged in a
pattern of criminal activity.
Subd. 2. Crimes.
A person who commits a crime for the benefit of, at the direction of, in
association with, or motivated by involvement with a criminal gang, with the intent to promote,
further, or assist in criminal conduct by gang members is guilty of a crime and may be sentenced
as provided in subdivision 3.
Subd. 3. Penalty.
(a) If the crime committed in violation of subdivision 2 is a felony,
the statutory maximum for the crime is five years longer than the statutory maximum for the
underlying crime. If the crime committed in violation of subdivision 2 is a felony, and the victim
of the crime is a child under the age of 18 years, the statutory maximum for the crime is ten years
longer than the statutory maximum for the underlying crime.
(b) If the crime committed in violation of subdivision 2 is a misdemeanor, the person
is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the person
is guilty of a felony and may be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $15,000, or both.
Subd. 4. Mandatory minimum sentence.
(a) Unless a longer mandatory minimum sentence
is otherwise required by law, or the court imposes a longer aggravated durational departure, or a
longer prison sentence is presumed under the Sentencing Guidelines and imposed by the court, a
person convicted of a crime described in subdivision 3, paragraph (a), shall be committed to the
custody of the commissioner of corrections for not less than one year plus one day.
(b) Any person convicted and sentenced as required by paragraph (a) is not eligible for
probation, parole, discharge, work release, or supervised release until that person has served the
full term of imprisonment as provided by law, notwithstanding the provisions of sections
History: 1991 c 279 s 30; 1993 c 326 art 13 s 29; 1998 c 367 art 2 s 9-11; 2005 c 136
art 17 s 14