1.143 — STREET GANG RECRUITMENT

Violations of "Statute 1.143" results in a Class B Felony

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(a) Definitions

Street Gang Recruitment refers to the act of persuading, coercing, or attempting to recruit individuals, particularly minors, into an organized street gang or criminal group. This offense involves efforts to influence or manipulate individuals, typically younger persons, into participating in criminal activity or becoming members of a street gang, often through intimidation, promises of protection, or exploitation of vulnerabilities. Recruitment efforts can take place through direct interaction or by using intermediaries to gain new members.

(b) Elements

1. The defendant knowingly attempted to recruit or persuade an individual, particularly a minor, to join or associate with an organized street gang, criminal organization, or group involved in illegal activities.

2. The defendant used illegal means such as intimidation, coercion, manipulation, or exploitation to induce the minor or individual to join the gang or engage in criminal activities.

3. The defendant’s actions targeted a minor (under the age of 18) or a vulnerable individual with the intent of influencing them to become involved in criminal behavior or organized gang activities.

4. The defendant communicated or planned recruitment activities in a manner that involved encouraging participation in gang-related criminal activities, including violence, drug trafficking, theft, or other illegal acts associated with the gang.

5. The defendant knew or should have known that the recruitment effort was illegal due to the involvement of minors or the nature of the activities the minor was being recruited for.

(c) Defenses

Defenses against a charge of street gang recruitment may include:

1. Lack of Intent: The defendant may argue that they did not intend to recruit or persuade the minor into a gang or criminal activities, and that their interaction with the minor was not associated with illegal activity.

2. Parental Consent or Knowledge: The defendant may claim that the minor’s participation or interaction with the defendant was done with the full consent and knowledge of the minor’s parent or guardian, and did not involve any illegal recruitment or coercion.

3. No Recruitment Effort: The defendant may argue that their interaction with the minor was not in any way an attempt to recruit the individual into gang activity but was simply an incidental or non-criminal engagement.

4. Coercion or Duress: The defendant may argue that they were themselves coerced or threatened into attempting to recruit the minor by other individuals or forces beyond their control.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. Recruitment of Multiple Minors: The defendant targeted or recruited multiple minors into the gang or criminal organization, showing a pattern of behavior.

2. Use of Violence or Threats: The defendant used violence, threats of harm, or extreme intimidation as part of the recruitment process to compel the minor’s participation in the gang.

3. Recruitment of Vulnerable Minors: The defendant specifically targeted vulnerable minors, such as those from unstable family backgrounds, those experiencing socio-economic hardships, or minors with mental or emotional challenges.

4. Gang Violence or High-Risk Criminal Activity: The defendant recruited minors into a gang involved in particularly violent or dangerous criminal activities, such as gang warfare, drug trafficking, or organized crime that poses a significant public safety threat.

5. Prior Offenses: The defendant has a history of gang involvement or has previously been convicted of recruiting or exploiting minors for illegal purposes, showing a pattern of criminal behavior.