Felony committed to promote or assist criminal conduct by gang members, punishment in addition to regular sentences
If someone commits a felony to help, benefit, or work with a criminal street gang, they get extra prison time on top of whatever punishment they already get for the crime itself. For a regular felony, the extra time is 2 years (or 3 years if the crime happened near a school). For a more serious "dangerous felony," the extra time is 5 years. For the most serious felonies that could result in life in prison or the death penalty, the person must serve at least 15 years before being considered for parole.
578.425. committed to promote or assist criminal conduct by gang members, punishment in addition to regular sentences. — Any person who is of a felony which is committed for the of, at the direction of, or in association with, any , with the purpose to promote, further, or assist in any criminal conduct by gang members, shall be punished in the following manner:
(1) Any person who violates this section in the of a felony shall, upon of that felony, in addition and to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of two years. If the underlying felony is committed on the grounds of, or within one thousand feet of a public or private elementary, , junior high or high school, the additional term shall be three years;
(2) Any person who violates this section in the commission of a shall, upon conviction of that dangerous felony, in addition and consecutive to the punishment prescribed for the dangerous felony of which he or she has been convicted, be punished by an additional term of five years.
(3) Any person who violates this section in the commission of a felony punishable by death or imprisonment for life shall not be until a minimum of fifteen years have been .
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Source & history notes
(L. 1993 H.B. 562 § 2 subsec. 2, A.L. 2014 S.B. 491, A.L. 2020 S.B. 600)
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