Ohio § 2923.41

§ 2923.41.

As used in sections 2923.41 to 2923.44 of the Revised Code : (A) “ Criminal gang ” means an ongoing formal or informal organization, association, or group of three

or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of one or more of the offenses

listed in division (B) of this section. (2) It has a common name or one or more common, identifying signs, symbols, or colors. (3) The persons in the organization, association, or group individually or collectively

engage in or have engaged in a pattern of criminal gang activity. (B)(1) “ Pattern of criminal gang activity ” means, subject to division (B)(2) of this section, that persons in the criminal

gang have committed, attempted to commit, conspired to commit, been complicitors in

the commission of, or solicited, coerced, or intimidated another to commit, attempt

to commit, conspire to commit, or be in complicity in the commission of two or more

of any of the following offenses: (a) A felony or an act committed by a juvenile that would be a felony if committed by

an adult; (b) An offense of violence or an act committed by a juvenile that would be an offense

of violence if committed by an adult; (c) A violation of section 2907.04 , 2909.06 , 2911.211 , 2917.04 , 2919.23 , or 2919.24 of the Revised Code , section 2921.04 or 2923.16 of the Revised Code , section 2925.03 of the Revised Code if the offense is trafficking in marihuana, or section 2927.12 of the Revised Code . (2) There is a “pattern of criminal gang activity” if all of the following apply with

respect to the offenses that are listed in division (B)(1)(a), (b), or (c) of this

section and that persons in the criminal gang committed, attempted to commit, conspired

to commit, were in complicity in committing, or solicited, coerced, or intimidated

another to commit, attempt to commit, conspire to commit, or be in complicity in committing: (a) At least one of the two or more offenses is a felony. (b) At least one of those two or more offenses occurs on or after January 1, 1999. (c) The last of those two or more offenses occurs within five years after at least one

of those offenses. (d) The two or more offenses are committed on separate occasions or by two or more persons. (C) “ Criminal conduct ” means the commission of, an attempt to commit, a conspiracy to commit, complicity

in the commission of, or solicitation, coercion, or intimidation of another to commit,

attempt to commit, conspire to commit, or be in complicity in the commission of an

offense listed in division (B)(1)(a), (b), or (c) of this section or an act that is

committed by a juvenile and that would be an offense, an attempt to commit an offense,

a conspiracy to commit an offense, complicity in the commission of, or solicitation,

coercion, or intimidation of another to commit, attempt to commit, conspire to commit,

or be in complicity in the commission of an offense listed in division (B)(1)(a),

(b), or (c) of this section if committed by an adult. (D) “ Juvenile ” means a person who is under eighteen years of age. (E) “ Law enforcement agency ” includes, but is not limited to, the state board of pharmacy and the office of a

prosecutor. (F) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code .