Montana § 45-8-405 - Pattern Of Criminal Street Gang Activity

§ 45-8-405. Pattern Of Criminal Street Gang Activity

Pattern of criminal street gang activity. (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) The offenses that form a pattern of criminal street gang activity include: (a) deliberate homicide, as defined in 45-5-102 ; (b) assault with a weapon, as defined in 45-5-213 ; (c) intimidation, as defined in 45-5-203 ; (d) kidnapping, as defined in 45-5-302 ; (e) aggravated kidnapping, as defined in 45-5-303 ; (f) robbery, as defined in 45-5-401 ; (g) sexual intercourse without consent, as defined in 45-5-503 ; (h) aggravated sex trafficking, as defined in 45-5-706 ; (i) child sex trafficking, as defined in 45-5-711 ; (j) criminal mischief, as defined in 45-6-101 ; (k) arson, as defined in 45-6-103 ; (l) burglary, as defined in 45-6-204 ; (m) theft, as defined in 45-6-301 ; (n) forgery, as defined in 45-6-325 ; (o) tampering with witnesses and informants, as defined in 45-7-206 ; (p) bringing armed individuals into the state, as defined in 45-8-106 ; (q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313 ; (r) carrying a concealed weapon, as defined in 45-8-316 ; (s) possession of a deadly weapon by a prisoner, as defined in 45-8-318 ; (t) possession of a destructive device, as defined in 45-8-334 ; (u) possession of explosives, as defined in 45-8-335 ; (v) possession of a sawed-off firearm, as defined in 45-8-340 ; (w) possession of a stolen firearm, as defined in 45-8-346 ; (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; (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 .