1.
a. A person is guilty of the crime of gang criminality if, while
knowingly involved in criminal street gang activity, he commits,
attempts to commit, or conspires to commit, whether as a principal or an
accomplice, any crime specified in chapters 11 through 18, 20, 33, 35
or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1;
N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1);
N.J.S.2C:39-5; or N.J.S.2C:39-9. A crime is committed while involved in
a criminal street gang related activity if the crime was committed for
the benefit of, at the direction of, or in association with a criminal
street gang.
Criminal
street gang means three or more persons associated in fact. Individuals
are associated in fact if: (1) two of the following seven criteria that
indicate criminal street gang membership apply: (a) self-proclamation;
(b) witness testimony or official statement; (c) written or electronic
correspondence; (d) paraphernalia or photographs; (e) tattoos; (f)
clothing or colors; (g) any other indicia of street gang activity; and
(2) individually or in combination with other members of a criminal
street gang, while engaging in gang related activity, have committed or
conspired or attempted to commit, within the preceding five years from
the date of the present offense, excluding any period of imprisonment,
one or more offenses on separate occasions of robbery, carjacking,
aggravated assault, assault, aggravated sexual assault, sexual assault,
arson, burglary, kidnapping, extortion, tampering with witnesses and
informants or a violation of chapter 11, section 3, 4, 5, 6, or 7 of
chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes.
b.Grading.
Gang criminality is a crime of one degree higher than the most serious
underlying crime referred to in subsection a. of this section, except
that where the underlying crime is a crime of the first degree, gang
criminality is a first degree crime and the defendant, upon conviction,
and notwithstanding the provisions of paragraph (1) of subsection a. of
N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment
between 15 and 30 years. A sentence imposed upon conviction of the crime
of gang criminality shall be ordered to be served consecutively to the
sentence imposed upon conviction of any underlying offense referred to
in subsection a. of this section.
