Criminal Gang Related Offenses

Utah Code tit. 76, ch. 76-9, pt. 76-9-P8

in effect

Utah Code § 76-9-802 Definitions.

76-9-802. Definitions. As used in this part: (1) "Criminal street gang" means an organization, association in fact, or group of three or more individuals, whether operated formally or informally: (a) that is currently in operation; (b) that has as one of the organization's, association's, or group's primary activities the commission of a criminal offense; (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. (2) "Gang loitering" means an individual remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to: (a) establish control over one or more identifiable areas; (b) intimidate other individuals from entering those areas; or (c) conceal illegal activities. (3) "Intimidate" means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting. (4) "Minor" means an individual younger than 18 years old. (5) "Pattern of criminal gang activity" means: (a) committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more criminal offenses within five years; (b) the criminal offenses are: (i) committed by two or more individuals; or (ii) committed by an individual at the direction of, or in association with, a criminal street gang; and (c) the criminal offenses were committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang. (6) (a) "Public place" means any location or structure that the public or a substantial group of the public has access to. (b) "Public place" includes: (i) a sidewalk, street, or highway; (ii) a public park, public recreation facility, or any other area open to the public; (iii) a shopping mall, sports facility, stadium, arena, theater, movie house, or playhouse; (iv) a parking lot or structure adjacent to a shopping mall, sports facility, stadium, arena, theater, movie house, or playhouse; (v) a common area of a school, hospital, apartment building, office building, transport facility, or a business; and (vi) a lobby, hallway, elevator, restaurant or other dining area, or restroom of a location or structure described in Subsections (6)(b)(i) through (v). Amended by Chapter 173, 2025 General Session Amended by Chapter 178, 2025 General Session Amended by Chapter 208, 2025 General Session

Utah Code § 76-9-803 Soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.

76-9-803. Soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang. (1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if the actor: (a) solicits, recruits, entices, or intimidates a minor to join a criminal street gang; or (b) conspires to commit an act described in Subsection (2)(a) with the intent to cause a minor to join a criminal street gang. (3) A violation of Subsection (2) is: (a) a class A misdemeanor if the actor is a minor; or (b) a third degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang. Amended by Chapter 173, 2025 General Session Amended by Chapter 178, 2025 General Session Amended by Chapter 510, 2025 General Session

Utah Code § 76-9-803.1 Aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.

76-9-803.1. Aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang. (1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if, in the course of committing an offense under Section 76-9-803, the offense: (a) involves the use of a dangerous weapon; (b) results in serious bodily injury to any individual; or (c) results in serious emotional distress to any individual. (3) A violation of Subsection (2) is: (a) a third degree felony if the actor is a minor; or (b) a second degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang. Enacted by Chapter 178, 2025 General Session

Utah Code § 76-9-803.2 Intimidating a minor to remain in a criminal street gang.

76-9-803.2. Intimidating a minor to remain in a criminal street gang. (1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits intimidating a minor to remain in a criminal street gang if the actor intimidates a minor to prevent the minor from leaving a criminal street gang or ending the minor's affiliation with a criminal street gang. (3) A violation of Subsection (2) is: (a) a class A misdemeanor if the actor is a minor; or (b) a third degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor described in Subsection (2) left or ended the minor's affiliation with a criminal street gang. Enacted by Chapter 178, 2025 General Session

Utah Code § 76-9-803.3 Aggravated intimidating a minor to remain in a criminal street gang.

76-9-803.3. Aggravated intimidating a minor to remain in a criminal street gang. (1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits aggravated intimidating a minor to remain in a criminal street gang if, in the course of committing an offense under Section 76-9-803.2, the offense: (a) involves the use of a dangerous weapon; (b) results in serious bodily injury to any individual; or (c) results in serious emotional distress to any individual. (3) A violation of Subsection (2) is: (a) a third degree felony if the actor is a minor; or (b) a second degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor described in Subsection (2) left or ended the minor's affiliation with a criminal street gang. Enacted by Chapter 178, 2025 General Session

Utah Code § 76-9-804 Possession of a dangerous weapon by a convicted criminal gang offender.

76-9-804. Possession of a dangerous weapon by a convicted criminal gang offender. (1) (a) As used in this section, "dangerous weapon" means the same as that term is defined in Sections 76-1-101.5 and 76-11-101. (b) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits possession of a dangerous weapon by a convicted criminal gang offender if: (a) the actor possess a dangerous weapon, ammunition, or a facsimile of a firearm; and (b) the actor's possession described in Subsection (2)(a) occurs within five years after the day on which the actor was convicted of an offense that was enhanced under Section 76-3-203.1. (3) A violation of Subsection (2) is a class A misdemeanor. Amended by Chapter 173, 2025 General Session Amended by Chapter 208, 2025 General Session

Utah Code § 76-9-805 Failure to disperse.

76-9-805. Failure to disperse. (1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits failure to disperse if the actor: (a) is in a place designated as an area where gang loitering is prohibited under Section 11-48-104; (b) is ordered by a law enforcement officer under Section 53-25-602 to disperse from within sight and hearing of the location described in Subsection (2)(a); and (c) (i) fails to disperse as ordered in Subsection (2)(b); or (ii) disperses and then returns to the location within the next eight hours after receiving the order to disperse under Subsection (2)(b). (3) (a) Subject to Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b) In addition to the punishment described in Subsection (3)(a), a subsequent violation of Subsection (2) is subject to a fine of not less than $100. (4) A court may sentence an actor under Subsection (3)(b) with a lesser punishment if the court, on the record, finds that mitigating circumstances justify the lesser punishment. (5) This section does not affect or limit an actor's constitutional right to engage in collective advocacy activities that are protected by the constitution or laws of this state or by the constitution or laws of the United States. Renumbered and Amended by Chapter 173, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter9/76-9-P8.html?v=C76-9-P8_2025050720250507Fetched: 10/26/2026