PRINTER'S NO. 3444
No. 2428 Session of 2002
INTRODUCED BY PISTELLA, CAPPELLI, CASORIO, CRUZ, DALEY, HARHAI,
HORSEY, KELLER, LEDERER, PALLONE, READSHAW, ROONEY, SHANER,
TRELLO, TRICH, WALKO, DeLUCA AND DIVEN, MARCH 14, 2002
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of criminal gang
3 activity; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 2716. Criminal gang activity.
9 (a) Offense defined.--A person who knowingly or
10 intentionally actively participates in a criminal gang commits
11 criminal gang activity.
12 (b) Grading.--Criminal gang activity constitutes a:
13 (1) Misdemeanor of the first degree when the offense is
14 a first offense.
15 (2) Felony of the third degree when the offense is a
16 second or subsequent offense.
17 (c) Definition.--As used in this section, the term "criminal
18 gang" means a group with at least five members that
1 specifically:
2 (1) promotes, sponsors, assists or participates in; or
3 (2) requires as a condition of membership or continued
4 membership;
5 the commission of a felony or an act that would be a felony if
6 committed by an adult or an offense under section 2701 (relating
7 to simple assault).
8 Section 2. This act shall take effect in 60 days.
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