2019 US Virgin Islands Code
Title 14 - Crimes
Chapter 124 - Criminal Street Gang Prevention Act
§ 3061. Definitions
- In this chapter:
(a) “Act of violence” means those felony offenses described in title 23 Virgin Islands Code § 451(g) as crimes of violence.
(b) “Contraband” means any property, including money, that is owned by, in the possession of, or subject to the control of a criminal street gang member or associate and which is acquired by, derived from, or traceable to criminal street gang activities, or profits, proceeds or instrumentalities of criminal street gang activities, or all property used or intended or attempted to be used to facilitate the criminal street gang activities of any criminal street gang or criminal street gang member or associate, or all profits, proceeds, or instrumentalities of criminal street gang recruitment, or all property used or intended or attempted to be used to facilitate criminal street gang recruitment. Contraband does not include property of any person not a criminal street gang member or associate who does not knowingly or willingly permit the property to be used for the furtherance of criminal activities.
(c) “Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal:
(1) which has as one of its primary objectives or activities the commission of one or more criminal activities;
(2) which has an identifiable name or identifying sign or symbol or whose members wear identifiable and utilize distinct colors and patterns in wearing apparel; and
(3) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, two or more predicate criminal acts, at least one of which is an act of violence; provided such acts were not part of a common act or transaction.
(d) “Pattern of criminal gang activity” means the commission of, conspiracy to commit, or attempt to commit two or more of the following offences, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within one year after a prior offense, and the offenses were committed on separate occasions, or by two or more persons:
(1) assault in the first, second, third degree and aggravated assault as defined in chapter 13 of this title;
(2) robbery of any degree as defined in chapter 93 of this title;
(3) murder in the first, or second degree or manslaughter, as defined in chapter 45 of this title;
(4) possession, sale, distribution, manufacturing or trafficking of controlled substances as prescribed in title 19 Virgin Islands Code;
(5) brandishing, exhibiting, or using a deadly weapon as defined in chapter 31 of this title;
(6) disturbing the peace as defined in chapter 31 of this title;
(7) reckless endangerment as defined in chapter 31 of this title;
(8) discharging or aiming firearms as defined in title 23, chapter 5;
(9) grand larceny as defined in chapter 55 of this title;
(10) burglary as defined in chapter 21 of this title;
(11) arson as defined in chapter 11 of this title;
(12) obstruction of justice as defined in chapter 75 of this title;
(13) rape as defined in chapter 85 of this title;
(14) kidnapping as defined in chapter 53 of this title;
(15) mayhem as defined in chapter 67 of this title;
(16) stalking as defined in chapter 104 of this title;
(17) receiving and possession of stolen property as defined in chapter 105 of this title;
(18) instigating or aiding a fight as defined in chapter 31 of this title;
(19) identity theft as defined in chapter 110 of this title; or
(20) theft of or unauthorized destruction of a vehicle as defined in chapter 69 of this title.
(e) “Criminal street gang member” means any person who knowingly becomes a member of a criminal street gang, and who participates in the criminal street gang with the specific intent of promoting, furthering or assisting the criminal interests of the criminal street gang.
(f) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system, including, video, telephone communications, text messages, facsimile, electronic mail messages and instant message real-time communications with other individuals through the internet or other means, but does not include—
(1) any wire or oral communication;
(2) any communication made through a tone-only paging device;
(3) any communication from a tracking device as defined in 18 U.S.C. § 3117; or
(4) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.
(g) “Graffiti” means any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content of nature of the material used in the commission of the act.
(h) “Government” means the Government of the Virgin Islands, any agency, autonomous or semi-autonomous agency, or instrumentality of the Government of the Virgin Islands.
(i) “Predicate criminal act” means:
(1) an act of violence; or
(2) any violation of title 14 Virgin Islands Code, sections 252, 253, 622, 623, 625, 707, 1081, 1083, 1382, 1383, 1501, 1507, 1508, 1510, or 1541; or
(3) any violation of title 19 Virgin Islands Code, sections 608, 608a, 608b 611, 614a, or 614b.
