CHAPTER 421

FORMERLY

HOUSE BILL NO. 485

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 11 of the Delaware Code by adding thereto a new § 617 to read as follows:

"§ 617. Criminal Youth Gang.

(a) Definitions. The following words, terms and phrases, when used in this Chapter, shall have their meaning ascribed to them except where the context clearly indicates a different meaning.

(1) 'Criminal youth gang' shall mean a group of three (3) or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results in any felony or any class A misdemeanor set forth in Titles 11 or 16 of the Delaware Code.

(2) 'Identifier' shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.

(3) 'Student' shall mean any person enrolled in a school grades preschool through twelve.

(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; Penalties.

(1) Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile or student to participate in or be come a member of a criminal street gang as defined in § 616(a), Title 11 of the Delaware Code or criminal youth gang is guilty of a class G felony.

(2) Any person who,

(a) In order to encourage a juvenile or student to:

(i) join a criminal youth gang or criminal street gang,

(ii) remain as a participant in or a member of a criminal youth gang or criminal street gang, or

(iii) submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or

(b) In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, his property, a member of his family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, his property, a member of his family or household, or their property; shall be guilty of a class F felony and shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.".

Section 3. Amend § 4201(c), Title 11 of the Delaware Code by adding a new paragraph to read as follows:

"§ 617. Criminal youth gang.".

Approved July 10, 2006