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The Florida Statutes

The 1995 Florida Statutes

Title XLVI
CRIMES
Chapter 874
Street Terrorism Enforcement And Prevention
View Entire Chapter
874.03 Definitions. ---

As used in this chapter:

(1) "Criminal street gang" means a formal or informal ongoing organization, association, or group of three or more persons who:

(a) Have a common name or common identifying signs, colors, or symbols;

(b) Have members or associates who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity.

(2) "Criminal street gang member" is a person who engages in a pattern of criminal street gang activity and meets two or more of the following criteria:

(a) Admits to criminal street gang membership.

(b) Is a youth under the age of 21 years who is identified as a criminal street gang member by a parent or guardian.

(c) Is identified as a criminal street gang member by a documented reliable informant.

(d) Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members.

(e) Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information.

(f) Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity.

(g) Is identified as a criminal street gang member by physical evidence such as photographs or other documentation.

(h) Has been stopped in the company of known criminal street gang members four or more times.

(3) "Pattern of criminal street gang activity" means the commission, attempted commission, or solicitation, by any member or members of a criminal street gang, of two or more felony or violent misdemeanor offenses, or two or more delinquent acts or violations of law which would be felonies or violent misdemeanors if committed by an adult, on separate occasions within a 3-year period. History: s. 1, ch. 90-207; s. 75, ch. 94-209.