1. A. Any person who attempts or commits a gang-related offense as a condition of membership in a criminal street gang or while in association with any criminal street gang or gang member shall be guilty of a Class B5 felony offense punishable upon conviction by imprisonment in the custody of the Department of Corrections for a term of five (5) years, which shall be in addition to any other penalty imposed. For purposes of this subsection, “criminal street gang” is defined by subsection F of Section 856 of this title and “gang-related offense” means those offenses enumerated in subsection F of Section 856 of this title.
2. B. Any person who attempts or commits a gang-related offense as a condition of membership of, while in association with, acting on behalf of, or knowingly supporting any foreign terrorist organization shall be guilty of a Class B5 felony offense punishable upon conviction by imprisonment in the custody of the Department of Corrections for a term of five (5) years, which shall be in addition to any other penalty imposed. For purposes of this subsection, “foreign terrorist organization” means any organization designated by the United States Department of State as such pursuant to 8 U.S.C., Section 1189. The court may take judicial notice of such designation as published in the Federal Register or maintained by the United States Department of State.

Laws 2011, SB 923, c. 168, § 2, eff. November 1, 2011; Amended by Laws 2025, SB 861, c. 108, § 1, eff. November 1, 2025 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 159, eff. January 1, 2026 (superseded document available); Amendment by Laws 2025, c. 486, § 159, amended by Laws 2026, SB 1627, c. 12, § 25, emerg. eff. April 13, 2026 (superseded document available); Amendment by Laws 2025, c. 108, § 1, repealed by Laws 2026, SB 1627, c. 12, § 26, emerg. eff. April 13, 2026; Amended by Laws 2026, HB 3764, c. 314, § 1, eff. November 1, 2026 (superseded document available).