HOUSE BILL 226
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Thomas E. Swisstack
AN ACT
RELATING TO CRIMINAL LAW; PROVIDING CRIMINAL PENALTIES FOR RECRUITING OTHERS TO JOIN A CRIMINAL STREET GANG OR INDUCING PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY; ENHANCING PENALTIES FOR RECRUITMENT AND INDUCEMENT OF MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Criminal Code is enacted to read:
"[NEW MATERIAL] GANG RECRUITMENT.--
A. Gang recruitment consists of the solicitation or recruitment of another with the intent that the person solicited or recruited:
(1) actively participate in a criminal street gang;
(2) participate in a pattern of criminal gang activity; or
(3) promote, further or assist in felonious conduct by members of a criminal street gang.
Whoever commits gang recruitment is guilty of a misdemeanor. Whoever commits gang recruitment of a minor is guilty of a fourth degree felony.
B. Gang recruitment by threat or violence consists of threatening another with physical violence on two or more separate occasions within a thirty-day period, or using physical violence, with the intent to coerce, induce or solicit another to:
(1) actively participate in a criminal street gang;
(2) participate in a pattern of criminal gang activity; or
(3) promote, further or assist in felonious conduct by members of a criminal street gang.
Whoever commits gang recruitment by threat or violence is guilty of a fourth degree felony. Whoever commits gang recruitment of a minor by threat or violence is guilty of a third degree felony.
C. As used in this section, "criminal street gang" means an ongoing organization, association or group of three or more persons, whether formal or informal, having a common name or identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity and having as one of its primary activities the commission of one or more of the following felonies:
(1) homicide, pursuant to Section 30-2-1 NMSA 1978;
(2) voluntary manslaughter, pursuant to Subsection A of Section 30-2-3 NMSA 1978;
(3) aggravated assault, pursuant to Section 30-3-2 NMSA 1978;
(4) assault with intent to commit a violent felony, pursuant to Section 30-3-3 NMSA 1978;
(5) aggravated battery, pursuant to Subsection C of Section 30-3-5 NMSA 1978;
(6) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, pursuant to Section 30-3-8 NMSA 1978;
(7) aggravated stalking, pursuant to Section 30-3A-3.1 NMSA 1978;
(8) kidnapping, pursuant to Section 30-4-1 NMSA 1978;
(9) sexual exploitation of children by prostitution, pursuant to Section 30-6A-4 NMSA 1978;
(10) dangerous use of explosives, pursuant to Section 30-7-5 NMSA 1978;
(11) possession of explosives, explosive devices or incendiary devices, pursuant to Sections 30-7-19 and 30-7-19.1 NMSA 1978;
(12) criminal sexual penetration in the first, second or third degree, pursuant to Section 30-9-11 NMSA 1978;
(13) criminal sexual contact of a minor, pursuant to Section 30-9-13 NMSA 1978;
(14) robbery, pursuant to Section 30-16-2 NMSA 1978;
(15) aggravated burglary, pursuant to Section 30-16-4 NMSA 1978;
(16) extortion, pursuant to Section 30-16-9 NMSA 1978;
(17) aggravated fleeing a law enforcement officer, pursuant to Section 30-22-1.1 NMSA 1978;
(18) harboring or aiding a felon, pursuant to Section 30-22-4 NMSA 1978;
(19) aggravated assault upon a peace officer, pursuant to Section 30-22-22 NMSA 1978;
(20) assault with intent to commit a violent felony upon a peace officer, pursuant to Section 30-22-23 NMSA 1978;
(21) aggravated battery on a peace officer, pursuant to Section 30-22-25 NMSA 1978;
(22) bribery or intimidation of a witness or retaliation against a witness, pursuant to Section 30-24-3 NMSA 1978;
(23) trafficking in a controlled substance, pursuant to Section 30-31-20 NMSA 1978;
(24) money laundering, pursuant to the Money Laundering Act; and
(25) an attempt, conspiracy or solicitation to commit any of the above felonies, pursuant to Section 30-28-1, 30-28-2 or 30-28-3 NMSA 1978.
D. As used in this section, "pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit or solicitation to commit two or more of the felonies enumerated in Subsection C of this section by members of a criminal street gang; provided that the offenses occurred within three years of each other and were committed on separate occasions or by two or more persons."
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