South Dakota § 22-10A-1 - Definitions.

§ 22-10A-1. Definitions.

Terms used in §§ 22-10A-1 to 22-10A-3, inclusive, mean:

(1)    "Street gang," any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern of street gang activity;

(2)    "Street gang member," any person who engages in a pattern of street gang activity and who meets two or more of the following criteria:

(a)    Admits to gang membership;

(b)    Is identified as a gang member by a documented reliable informant;

(c)    Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs or its tattoos and associates with known gang members;

(d)    Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information;

(e)    Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity;

(f)    Is identified as a gang member by physical evidence, such as photographs or other documentation; or

(g)    Has been stopped in the company of known gang members four or more times; and

(3)    "Pattern of street gang activity," the commission, attempted commission, or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity.

Source: SL 1992, ch 159, § 1; SDCL, § 22-10-14; SL 2005, ch 120, §§ 352, 355.