§ 10-170 Criminal street gang initiation activity.
AC § 10-170
a. A person is guilty of criminal street gang initiation activity when, in the course of his or her own or another person's initiation or affiliation into a criminal street gang, he or she: 1. intentionally or recklessly engages in conduct that creates a substantial risk of physical injury to another person; or 2. by physical menace, intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury. b. Definitions. For purposes of this section, the following terms shall have the following meanings: 1. "Criminal conduct" shall mean the felonies or misdemeanors defined in any of the following articles of the penal law: one hundred twenty, relating to assault and related offenses; one hundred twenty-five, relating to homicide; one hundred thirty, relating to sex offenses; one hundred thirty-five, relating to kidnapping, coercion and related offenses; one hundred forty, relating to burglary and related offenses; one hundred forty-five, relating to criminal mischief and related offenses; one hundred fifty, relating to arson; one hundred fifty-five, relating to larceny; one hundred sixty, relating to robbery; one hundred sixty-five, relating to theft; two hundred fifteen, relating to judicial proceedings; two hundred twenty, relating to controlled substances offenses; two hundred twenty-one, relating to offenses involving marihuana; two hundred twenty-five, relating to gambling offenses; two hundred thirty, relating to prostitution offenses or two hundred sixty-five, relating to firearms and other dangerous weapons; or harassment in the first degree or aggravated harassment in the first or second degree, as defined in article two hundred forty of the penal law.
2."Criminal street gang" shall mean any ongoing organization, association, or group of three or more persons, whether formal or informal, that engages in criminal conduct as one of its primary purposes or activities. c. Penalties. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/001.
