CRIMINAL STREET GANG. Any ongoing organization, association in fact, or group of three or
more persons, whether formally or informally organized, or any sub-group or affiliated group thereof, having as one of its primary activities the commission of one or more criminal acts or illegal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity for a one-year period.
PATTERN OF CRIMINAL GANG ACTIVITY. The commission, attempt to commit, conspiring to commit, or solicitation of two or more predicate gang crimes, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang within a one-year period.
PREDICATE GANG CRIME.
(1) A state offense:
(a) Involving a controlled substance (as defined in Section 30-31-2 NMSA 1978, as amended, and/or Section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is imprisonment for not less than five years.
(b) That is a felony crime of violence that has an element the use or attempted use of physical force against the person on another; or
(2) Any federal or state felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense, including:
(a) Assault with a deadly weapon;
(b) Aggravated battery;
(c) Intimidation;
(d) Compelling organizational membership;
(e) Homicide or manslaughter;
(f) Shooting at an occupied dwelling or motor vehicle;
(g) Kidnapping;
(h) Car jacking;
(i) Robbery;
(j) Residential burglary;
(k) Drive-by shooting;
(l) Unlawful use or possession of weapons;
(m) Bribery;
(n) Tampering with or retaliating against a witness, victim, informant, or juror;
(o) Rape;
(p) Torture; and
(q) Arson; or
(3) Any federal or state offense involving:
(a) Money laundering;
(b) Felony vandalism;
(c) Unlawful sale of a firearm; or
(d) Obstruction of justice.
(Ord. 35-1996)