2019 US Virgin Islands Code
Title 14 - Crimes
Chapter 124 - Criminal Street Gang Prevention Act
§ 3062. Crime of gang criminality
- Any person who commits an offense under this section is guilty of the crime of gang criminality and must be sentenced according to the provisions of this chapter.
(a) Any person who actively participates in or is a member of a criminal street gang, and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang, is guilty of a felony and shall be sentenced to not more than ten years imprisonment or a fine of not more than $50,000, or both such imprisonment and fine.
(b)
(1) It is unlawful for any person to knowingly and willfully initiate, organize, plan, finance, direct, manage, or supervise criminal street gang-related activities or a criminal street gang.
(2) A person who is found guilty of the conduct prohibited in paragraph (1) of this subsection is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment for not more than ten years, or to payment of a fine of not more than $100,000, or both imprisonment and a fine.
(c)
(1) Any criminal street gang member or associate who uses electronic communication to intimidate or harass any person for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang, including such activities as distributing, selling, transmitting, or posting on the internet any audio, video, or still image of criminal activities, is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine of not more than $50,000, or to both imprisonment and a fine.
(2) Any person who uses electronic communication to advertise his presence in the community for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang, including such activities as distributing, selling, transmitting, or posting on the internet any audio, video, or still image of criminal activities, is guilty of a felony, and upon conviction shall be sentenced to a term of imprisonment of not more than two years, or to payment of a fine of not more than $15,000, or to both imprisonment and a fine.
(d)
(1) Any person who knowingly and willfully causes, encourages, coerces, solicits, or recruits another person to participate in or join a criminal street gang is guilty of a felony and, upon conviction shall be sentenced to imprisonment for a maximum of ten years, or to payment of a fine of not more than $25,000, or to both imprisonment and a fine.
(2) Any person age 18 years or older who knowingly and willfully encourages, coerces, solicits or recruits, or otherwise causes or attempts to cause a minor to participate in or become a member of what the person knows to be a criminal street gang is guilty of a felony and, upon conviction shall be sentenced to a term of imprisonment of not more than ten years, or to payment of a fine of not more than $50,000, or to both imprisoned and a fine.
(3) Any person who knowingly and willfully coerces an individual to remain as a participant in a criminal street gang, or submit to a demand made by a criminal member or associate to commit a criminal act is guilty of a felony and, upon conviction shall be sentenced to a term of imprisonment of not more than ten years, or to payment of a fine of not more than $50,000, or to both imprisonment and a fine.
(4) A criminal street gang member or associate shall be sentenced to a term of imprisonment of not more than ten years, or to the payment of a fine of not more than $100,000, or both imprisonment and a fine if the criminal gang member is guilty of a felony and, upon conviction:
(A) uses force, a firearm or any other deadly weapon, or physical violence against an individual or member of his household; or
(B) threatens force against an individual or the individual’s household where such threats are likely to place any reasonable person in reasonable fear or apprehension of bodily harm or death.
(e) Any person who communicates threats of bodily injury or damage to property of another as punishment or retaliation against a person for attempting to or having withdrawn from a criminal street gang is guilty of a felony, and upon conviction shall be sentenced to a maximum term of imprisonment for not more than ten years, or to payment of a fine of not more than $50,000, or to both imprisonment and a fine.
(f)
(1) It is unlawful for any criminal street gang member or gang associate to deface by graffiti any real or personal property of the Territory, of another person, organization or entity with the specific intent of furthering or promoting the criminal acts or interests of a criminal street gang.
(2) A person convicted of the conduct prohibited in paragraph (1) of this subsection is guilty of a misdemeanor and, upon conviction, shall be sentenced to a term of imprisonment for not more than six months, or to payment of a fine of not more than $1,000, or to both.
(3) The court may order restitution to the victim in the cost of removal of the graffiti, or the repair, or replacement costs of the property defaced, whichever is less.
(4) A person who voluntarily and at the person’s own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by the court.
(g) It is unlawful for any person to communicate with or to another, whether directly or indirectly, any threat of injury or damage to another person or property of another person or of any associate or family of another person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang member or associate. Any violation of this subsection shall constitute a felony and in addition to any other penalty provided by law is punishable by imprisonment of not less than two years nor more than 10 years, without suspension of sentence or probation or parole.
