Monday, August 4, 2008

Gang-Related Definitions

Gang-Related Definitions
New York S 120.06. Gang Assault in the Second Degree
A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the second degree is a class C felony.
New York S 120.07. Gang Assault in the First Degree
A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the first degree is a class B felony.
New York 9 NYCRR § 301.3. Types of Activities Not Allowed
The following activities are not allowed on State property:
(d) Gang activity as defined herein:
(1) The term gang as used herein means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or with the identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of gang activity.
(2) The term gang member means any individual who is part of, associated with, or otherwise affiliated with a gang as defined in paragraph (1) of this subdivision.
(3) Gang activity means the commission by a gang member, in a singular commission, attempt to commit, conspiring to commit, or the solicitation of a criminal act, on State property in the presence of two or more other gang members.
(4) A pattern of gang activity means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same gang.


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