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Statutes Text

Article - Criminal Law




§9–801.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Coerce” means to compel or attempt to compel another by threat of harm or other adverse consequences.

    (c)    “Criminal gang” means a group or association of three or more persons whose members:

        (1)    individually or collectively engage in a pattern of criminal gang activity;

        (2)    have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and

        (3)    have in common an overt or covert organizational or command structure.

    (d)    “Enterprise” includes:

        (1)    a sole proprietorship, partnership, corporation, business trust, or other legal entity; or

        (2)    any group of individuals associated in fact although not a legal entity.

    (e)    “Pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult, provided the crimes or acts were not part of the same incident.

    (f)    “Solicit” has the meaning stated in § 11–301 of this article.

    (g)    “Underlying crime” means:

        (1)    a crime of violence as defined under § 14–101 of this article;

        (2)    a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking), § 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), § 9–302 (inducing false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305 (intimidating or corrupting juror), § 11–304 (receiving earnings of prostitute), or § 11–307 (house of prostitution) of this article;

        (3)    a felony violation of § 3–701 (extortion), § 4–503 (manufacture or possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606 (false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203 (second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105 (unauthorized use of a motor vehicle) of this article; or

        (4)    a felony violation of § 5–133 of the Public Safety Article.