§ 14-50.16. Pattern of criminal street gang activity. - North Carolina Statutes

§ 14‑50.16.  Pattern ofcriminal street gang activity.

(a)        It is unlawful forany person employed by or associated with a criminal street gang to do eitherof the following:

(1)        To conduct orparticipate in a pattern of criminal street gang activity.

(2)        To acquire ormaintain any interest in or control of any real or personal property through apattern of criminal street gang activity.

A violation of this section isa Class H felony, except that a person who violates subdivision (a)(1) of thissection, and is an organizer, supervisor, or acts in any other position ofmanagement with regard to the criminal street gang, shall be guilty of a ClassF felony.

(b)        As used in thisArticle, "criminal street gang" or "street gang" means anyongoing organization, association, or group of three or more persons, whetherformal or informal, that:

(1)        Has as one of itsprimary activities the commission of one or more felony offenses, or delinquentacts that would be felonies if committed by an adult;

(2)        Has three or moremembers individually or collectively engaged in, or who have engaged in,criminal street gang activity; and

(3)        May have a commonname, common identifying sign or symbol.

(c)        As used in thisArticle, "criminal street gang activity" means to commit, to attemptto commit, or to solicit, coerce, or intimidate another person to commit an actor acts, with the specific intent that such act or acts were intended orcommitted for the purpose, or in furtherance, of the person's involvement in acriminal street gang or street gang. An act or acts are included if accompaniedby the necessary mens rea or criminal intent and would be chargeable byindictment under the following laws of this State:

(1)        Any offense underArticle 5 of Chapter 90 of the General Statutes (Controlled Substances Act).

(2)        Any offense underChapter 14 of the General Statutes except Articles 9, 22A, 40, 46, 47, 59thereof; and further excepting G.S. 14‑78.1, 14‑82, 14‑86, 14‑145,14‑179, 14‑183, 14‑184, 14‑186, 14‑190.9, 14‑195,14‑197, 14‑201, 14‑247, 14‑248, 14‑313 thereof.

(d)        As used in thisArticle, "pattern of criminal street gang activity" means engagingin, and having a conviction for, at least two prior incidents of criminalstreet gang activity, that have the same or similar purposes, results,accomplices, victims, or methods of commission or otherwise are interrelated bycommon characteristics and are not isolated and unrelated incidents, providedthat at least one of these offenses occurred after December 1, 2008, and thelast of the offenses occurred within three years, excluding any periods ofimprisonment, of prior criminal street gang activity. Any offenses committed bya defendant prior to indictment for an offense based upon a pattern of streetgang activity shall not be used as the basis for any subsequent indictments foroffenses involving a pattern of street gang activity.  (2008‑214, s. 3.)