1997 Minnesota Statutes

     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, or in association 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 three 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 one year and a day 
 or to payment of a fine of not more than $5,000, or both. 

    HIST: 1991 c 279 s 30; 1993 c 326 art 13 s 29