It is a violation for any person to commit any gang related crime that by its nature involves a substantial risk that physical force against the person of another may be used in committing the offense including, without limitation, a predicate gang crime under the Anti-Gang Recruitment Ordinance, §§ 11-9-1-1 et seq. ROA 1994 or a conviction for one of the following crimes:
(A) Murder, pursuant to Section 30-2-1 NMSA 1978;
(B) Voluntary manslaughter, pursuant to Subsection A of Section 30-2-3 NMSA 1978;
(C) Aggravated assault, pursuant to Section 30-3-2 NMSA 1978;
(D) Assault with intent to commit a violent felony, pursuant to Section 30-3-3 NMSA 1978;
(E) Aggravated battery, pursuant to Subsection C of Section 30-3-5 NMSA 1978;
(F) Shooting at a dwelling or occupied building or shooting at or from a motor vehicle, pursuant to Section 30-3-8.1 NMSA 1978;
(G) Aggravated stalking, pursuant to Section 30-3A-3.1 NMSA 1978;
(H) Kidnapping, pursuant to Section 30-4-1 NMSA 1978;
(I) Sexual exploitation of children by prostitution, pursuant to Section 30-A-4 NMSA 1978;
(J) Dangerous use of explosives, pursuant to Section 30-7-5 NMSA 1978;
(K) Possession of explosives, explosive devices or incendiary devices, pursuant to Sections 30-7-19 and 30-7-19.1 NMSA 1978;
(L) Criminal sexual penetration in the first, second or third degree, pursuant to Section 30-9-11 NMSA 1978;
(M) Criminal sexual contact of a minor, pursuant to Section 30-9-13 NMSA 1978;
(N) Robbery, pursuant to Section 30-16-2 NMSA 1978;
(O) Burglary, pursuant to Section 30-16-3 NMSA 1978;
(P) Aggravated burglary, pursuant to Section 30-16-4 NMSA 1978;
(Q) Extortion, pursuant to Section 30-16-9 NMSA 1978;
(R) Aggravated fleeing a law enforcement officer, pursuant to Section 30-22-1.1 NMSA 1978;
(S) Harboring or aiding a felon, pursuant to Section 30-22-4 NMSA 1978;
(T) Aggravated assault upon a peace officer, pursuant to Section 30-22-22 NMSA 1978;
(U) Assault with intent to commit a violent felony upon a peace officer, pursuant to Section 30-22-23 NMSA 1978;
(V) Aggravated battery upon a peace officer, pursuant to Section 30-22-25 NMSA 1978;
(W) Bribery or intimidation of a witness or retaliation against a witness, pursuant to Section 30-24-3 NMSA 1978;
(X) Trafficking in a controlled substance, pursuant to Section 30-31-20 NMSA 1978;
(Y) Unlawful taking of a motor vehicle, pursuant to Section 66-3-504 NMSA 1978;
(Z) Money laundering, pursuant to the Money Laundering Act; and
(AA) An attempt to commit any of the above felonies, pursuant to Section 30-28-1 NMSA 1978.
(Ord. 27-2007) Penalty, see § 11-9-2-99