Montana § 45-8-405 Pattern Of Criminal Street Gang Activity

Montana Statutes

§ 45-8-405 — Pattern Of Criminal Street Gang Activity

Montana·Title 45 CRIMES·Ch. 8 OFFENSES AGAINST PUBLIC ORDER·Part 4 Montana Street Terrorism Enforcement and Prevention Act

45-8-405 . Pattern of criminal street gang activity.

(1)For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions.

(2)The offenses that form a pattern of criminal street gang activity include:

(a)deliberate homicide, as defined in 45-5-102 ;

(b)assault with a weapon, as defined in 45-5-213 ;

(c)intimidation, as defined in 45-5-203 ;

(d)kidnapping, as defined in 45-5-302 ;

(e)aggravated kidnapping, as defined in 45-5-303 ;

(f)robbery, as defined in 45-5-401 ;

(g)sexual intercourse

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45-8-405 . Pattern of criminal street gang activity. (1) For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions.
(2) The offenses that form a pattern of criminal street gang activity include:
(a) deliberate homicide, as defined in 45-5-102 ;
(b) assault with a weapon, as defined in 45-5-213 ;
(c) intimidation, as defined in 45-5-203 ;
(d) kidnapping, as defined in 45-5-302 ;
(e) aggravated kidnapping, as defined in 45-5-303 ;
(f) robbery, as defined in 45-5-401 ;
(g) sexual intercourse without consent, as defined in 45-5-503 ;
(h) aggravated sex trafficking, as defined in 45-5-706 ;
(i) child sex trafficking, as defined in 45-5-711 ;
(j) criminal mischief, as defined in 45-6-101 ;
(k) arson, as defined in 45-6-103 ;
(l) burglary, as defined in 45-6-204 ;
(m) theft, as defined in 45-6-301 ;
(n) forgery, as defined in 45-6-325 ;
(o) tampering with witnesses and informants, as defined in 45-7-206 ;
(p) bringing armed individuals into the state, as defined in 45-8-106 ;
(q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313 ;
(r) carrying a concealed weapon, as defined in 45-8-316 ;
(s) possession of a deadly weapon by a prisoner, as defined in 45-8-318 ;
(t) possession of a destructive device, as defined in 45-8-334 ;
(u) possession of explosives, as defined in 45-8-335 ;
(v) possession of a sawed-off firearm, as defined in 45-8-340 ;
(w) possession of a stolen firearm, as defined in 45-8-346 ;
(x) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9;
(y) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403 .

Montana § 45-8-405 (Pattern Of Criminal Street Gang Activity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 5, Ch. 285, L. 1997; amd. Sec. 10, Ch. 432, L. 1999; amd. Sec. 1718, Ch. 56, L. 2009; amd. Sec. 21, Ch. 167, L. 2023; amd. Sec. 2, Ch. 308, L. 2025.