This section defines “criminal street gang” and “pattern of criminal gang activity,” including a three-person minimum and a three-year timing rule for the listed offenses.
§1404. Definitions A. As used in this Chapter, "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, which has as one of its primary activities the commission of one or more of the criminal acts enumerated in Paragraphs (1) through (13) of Subsection B of this Section or which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. B. As used in this Chapter, "pattern of criminal gang activity" means the commission or attempted commission of two or more of the following offenses, provided that the offenses occurred within a three-year period, and the offenses are committed on separate occasions or by two or more persons: (1) Aggravated battery or second degree battery as defined in R.S. 14:34 and R.S. 14:34.1. (2) Armed robbery as defined in R.S. 14:64. (3) First or second degree murder or manslaughter, as defined in R.S. 14:30, 30.1, and 31. (4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances, as defined in R.S. 40:961 et seq. (5) Illegal use of weapons or dangerous instrumentalities, as defined in R.S. 14:94. (6) Aggravated arson as defined in R.S. 14:51. (7) Intimidating, impeding, or injuring witnesses; or injuring officers, as defined in R.S. 14:129.1. (8) Theft, as defined in R.S. 14:67, of any vehicle, trailer, or vessel. (9) Assault by drive-by shooting as defined in R.S. 14:37.1. (10) Rioting or inciting to riot as defined in R.S. 14:329.1 and 329.2. (11) Aggravated criminal damage to property as defined in R.S. 14:55. (12) Simple burglary as defined in R.S. 14:62. (13) Looting as defined in R.S. 14:62.5. Acts 1990, No. 230, §1; Acts 2012, No. 210, §1; Acts 2012, No. 556, §1, eff. June 5, 2012.