Buildings, rooms and structures used for criminal street gangs' activities deemed public nuisances
If a building or room is used by a criminal street gang for gang-related crimes, that place is called a public nuisance. No one is allowed to keep or run such a place. A government attorney can take the owner to court. If the court finds the owner knew about the gang activity, the court can order the place shut down for up to one year. Anyone who helps keep that nuisance going can be named in the lawsuit. The owner or occupant can also be charged with a class D felony.
Classifications stated in the statute. Actual outcomes vary.
578.430. Buildings, rooms and structures used for s' activities s — owner knowing of gang use, court may no occupancy up to one year — . — 1. Any room, building, structure or as defined in section 556.061 which is used by a criminal street gang in a shall be deemed a public nuisance. No person shall keep or maintain such a public nuisance.
2. The , or may, in addition to any criminal prosecutions, a to the public nuisance. If the court finds that the owner of the room, building, structure or inhabitable structure knew that the were being used for criminal street gangs in a pattern of criminal street gang activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.
3. All persons, including owners, , officers, agents, offenders or employees, aiding or such a may be made defendants in any suit to enjoin the nuisance.
4. It is for a person to keep or maintain such a public nuisance. In addition to any other criminal prosecutions, the prosecuting attorney or circuit attorney may by charge the owner or the occupant, or both the owner and the occupant, of the room, building, structure, or inhabitable structure with the crime of keeping or maintaining a public nuisance. Keeping or maintaining a public nuisance is a .
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Source & history notes
(L. 1993 H.B. 562 § 4 subsecs. 1, 2, 3, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.