A. Definitions: For the purposes of this section, the following terms shall be defined as follows:
CRIMINAL STREET GANG: Any ongoing organization, association, or group of five (5) or more persons that specifically either promotes, sponsors, or assists in, or participates in, and requires as a condition of membership or continued membership, the commission any criminal acts.
ENCOURAGE: As used herein, in addition to the usual meaning of the word, shall include a wilful and intentional neglect to do that which will directly tend to prevent such act or acts of delinquency on the part of such minor, when the person accused shall have been able to do so.
EVERY PERSON: As used herein, shall include human beings, without regard to their legal or natural relationship to such minor, as well as legal or corporate entities.
MINOR OR CHILD: As used herein, shall include male or female persons who shall not have arrived at the age of eighteen (18) years at the time of the commission of the offense.
B. Display Of Hand Signs Or Signals: It is unlawful for any person to publicly use or display hand signs or signals, commonly known as "gang signs" or "placas" with the intent to threaten, disturb, or alarm another person, or with the intent to invite, cause, aid, abet, or encourage violent or fistic encounters.
C. Unlawful Assemblage: It is unlawful for two (2) or more persons to be assembled together with the intent to engage in activity described and made unlawful herein.
D. Encouraging Minor To Commit Offense: Every person eighteen (18) years of age or older who shall knowingly or willingly cause, aid, abet, or encourage a minor to commit or participate in committing an act which would violate this section if committed by an adult shall, upon conviction thereof, be guilty of encouraging criminal street gang activity, and said offense shall be punishable by the maximum penalty allowed for conviction of the offense or offenses which the person caused, aided, abetted, or encouraged the minor to commit or participate in committing.
E. Recruiting Minor Into Street Gang: Every person who shall knowingly or wilfully cause, aid, abet, encourage, solicit or recruit a minor to participate, join, or associate with any "criminal street gang", as defined in subsection A of this section, or any gang member for the purpose of committing any criminal act shall, upon conviction thereof, be guilty of a crime punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.
F. Second Or Subsequent Violations; Penalty: Every person convicted of a second or subsequent violation of this section shall be guilty of a crime punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.
G. Offenses Involving Controlled Substances: Every person who shall knowingly, intentionally, or wilfully cause, aid, abet or encourage a minor child to: 1) distribute, dispense, possess, or manufacture a controlled dangerous substance, as provided in the Uniform Controlled Dangerous Substance Act 1 ; 2) create, distribute, or possess a counterfeit controlled dangerous substance, as defined in 63 Oklahoma Statutes section 2-101; 3) distribute any imitation controlled substance, as defined in 63 Oklahoma Statutes section 2-101; 4) conspire or participate in any scheme, plan or act for the purposes of avoiding, eluding, or evading arrest or detection by law enforcement authorities for crimes involving controlled substances as defined in 63 Oklahoma Statutes section 2-101; or 5) violate any penal provisions of the Uniform Controlled Dangerous Substances Act, shall be guilty of a crime punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or by both said fine and imprisonment.
H. Parental Responsibility: Any custodial parent or guardian of a child under eighteen (18) years of age, whose child commits, or participates in committing, an act that would be a violation of this section if committed by an adult shall, upon conviction thereof, be guilty of a crime punishable by the maximum penalty allowed for conviction of the offense or offenses which the said child committed, or participated in committing. (Ord. 935, 12-14-2000)
Notes
| 1 | 1. 63 OS § 2-101 et seq. |