1. (1) For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions.

2. (2) The offenses that form a pattern of criminal street gang activity include:

   1. (a) deliberate homicide, as defined in 45-5-102;
   2. (b) assault with a weapon, as defined in 45-5-213;
   3. (c) intimidation, as defined in 45-5-203;
   4. (d) kidnapping, as defined in 45-5-302;
   5. (e) aggravated kidnapping, as defined in 45-5-303;
   6. (f) robbery, as defined in 45-5-401;
   7. (g) sexual intercourse without consent, as defined in 45-5-503;
   8. (h) aggravated sex trafficking, as defined in 45-5-706;
   9. (i) child sex trafficking, as defined in 45-5-711;
   10. (j) criminal mischief, as defined in 45-6-101;
   11. (k) arson, as defined in 45-6-103;
   12. (l) burglary, as defined in 45-6-204;
   13. (m) theft, as defined in 45-6-301;
   14. (n) forgery, as defined in 45-6-325;
   15. (o) tampering with witnesses and informants, as defined in 45-7-206;
   16. (p) bringing armed individuals into the state, as defined in 45-8-106;
   17. (q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313;
   18. (r) carrying a concealed weapon, as defined in 45-8-316;
   19. (s) possession of a deadly weapon by a prisoner, as defined in 45-8-318;
   20. (t) possession of a destructive device, as defined in 45-8-334;
   21. (u) possession of explosives, as defined in 45-8-335;
   22. (v) possession of a sawed-off firearm, as defined in 45-8-340;
   23. (w) possession of a stolen firearm, as defined in 45-8-346;
   24. (x) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9;
   25. (y) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403.

History: En. Sec. 5, Ch. 285, L. 1997; amd. Sec. 10, Ch. 432, L. 1999; amd. Sec. 1718, Ch. 56, L. 2009; amd. Sec. 21, Ch. 167, L. 2023; amd. Sec. 2, Ch. 308, L. 2025.