2C:33-28. Solicitation, recruitment to join criminal street gang; crime, degrees
a. An actor who solicits or recruits another to join or actively
participate in a criminal street gang with the knowledge or purpose that
the person who is solicited or recruited will promote, further, assist,
plan, aid, agree, or attempt to aid in the commission of criminal
conduct by a member of a criminal street gang commits a crime of the
fourth degree. For purposes of this section, the actor shall have the
requisite knowledge or purpose if he knows that the person who is
solicited or recruited will engage in some form, though not necessarily
which form, of criminal activity. Criminal street gang shall have the
meaning set forth in subsection h. of N.J.S.2C:44-3.
b. An actor who, in the course of violating subsection a. of this
section, threatens another with bodily injury on two or more separate
occasions within a 30-day period commits a crime of the third degree.
c. An actor who, in the course of violating subsection a. of this
section, inflicts significant bodily injury upon another commits a crime
of the second degree.
d. Any defendant convicted of soliciting, recruiting, coercing or
threatening a person under 18 years of age in violation of subsection
a., b. or c. of this section shall be sentenced by the court to an
extended term of imprisonment as set forth in subsection a. of
N.J.S.2C:43-7. Notwithstanding the provisions of N.J.S.2C:1-8,
N.J.S.2C:44-5 or any other provision of law, a conviction arising under
this section shall not merge with a conviction for any criminal offense
that the actor committed while involved in criminal street gang related
activity, as defined in subsection h. of N.J.S.2C:44-3, nor shall the
conviction for any such offense merge with a conviction pursuant to this
section and the sentence imposed upon a violation of this section shall
be ordered to be served consecutively to that imposed upon any other
such conviction.
L.1999,c.160,s.1.
