US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 85
                     IDAHO CRIMINAL GANG ENFORCEMENT ACT
    18-8503.  EXTENDED SENTENCE. (1) A person who is convicted of any felony
or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly
committed for the benefit or at the direction of, or in association with, any
criminal gang or criminal gang member, in addition to the punishment provided
for the commission of the underlying offense, shall be punished as follows:
    (a)  Any person who is convicted of a misdemeanor shall be punished by an
    additional term of imprisonment in the county jail for not more than one
    (1) year.
    (b)  Any person who is convicted of a felony shall be punished by an
    extended term of not more than two (2) years in prison.
    (c)  If the underlying offense described in section 18-8502(3), Idaho
    Code, is a felony and committed on the grounds of, or within one thousand
    (1,000) feet of, a public or private elementary, secondary or vocational
    school during hours when the facility is open for classes or
    school-related programs or when minors are using the facility, the
    extended term shall be not less than one (1) year and not more than four
    (4) years.
    (2)  This section does not create a separate offense but provides an
additional penalty for the primary offense, the imposition of which is
contingent upon the finding of the prescribed facts.
    (3)  The court shall not impose an extended penalty pursuant to this
section unless:
    (a)  The indictment or information charging the defendant with the primary
    offense alleges that the primary offense was committed knowingly for the
    benefit or at the direction of, or in association with, a criminal gang or
    criminal gang member with the specific intent to promote, further or
    assist the activities of the criminal gang; and
    (b)  The trier of fact finds the allegation to be true beyond a reasonable
    doubt.
    (4)  The imposition or execution of the sentences provided in this section
may not be suspended.
    (5)  An extended sentence provided in this section shall run consecutively
to the sentence provided for the underlying offense.