2010 Maryland Code
Subtitle 8 - Criminal Gang Offenses
Section 9-801 - Definitions.

§ 9-801. Definitions.

(a)  In general.- In this subtitle the following words have the meanings indicated. 

(b)  Coerce.- "Coerce" means to compel or attempt to compel another by threat of harm or other adverse consequences. 

(c)  Criminal gang.- "Criminal gang" means a group or association of three or more persons whose members: 

(1) individually or collectively engage in a pattern of criminal gang activity; 

(2) have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and 

(3) have in common an overt or covert organizational or command structure. 

(d)  Pattern of criminal gang activity.- "Pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult, provided the crimes or acts were not part of the same incident. 

(e)  Solicit.- "Solicit" has the meaning stated in § 11-301 of this article. 

(f)  Underlying crime.- "Underlying crime" means: 

(1) a crime of violence as defined under § 14-101 of this article; 

(2) a violation of § 3-203 (second degree assault), § 4-203 (wearing, carrying, or transporting a handgun), § 9-302 (inducing false testimony or avoidance of subpoena), § 9-303 (retaliation for testimony), § 9-305 (intimidating or corrupting juror), § 11-303 (human trafficking), § 11-304 (receiving earnings of prostitute), or § 11-306 (a)(2), (3), or (4) (house of prostitution) of this article; 

(3) a felony violation of § 3-701 (extortion), § 4-503 (manufacture or possession of destructive device), § 5-602 (distribution of CDS), § 5-603 (manufacturing CDS or equipment), § 6-103 (second degree arson), § 6-202 (first degree burglary), § 6-203 (second degree burglary), § 6-204 (third degree burglary), § 7-104 (theft), or § 7-105 (unauthorized use of a motor vehicle) of this article; or 

(4) a felony violation of § 5-133 of the Public Safety Article. 

[2005, ch. 313; 2007, ch. 496; 2009, ch. 684; 2010, ch. 197.] 

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