Gangs - Definition

WASHINGTON DEFINITIONS:
RCW 28A.600.455
Gang activity — Suspension or expulsion.
(1) A student who is enrolled in a public school or an alternative school may be suspended or expelled if
the student is a member of a gang and knowingly engages in gang activity on school grounds.
(2) "Gang" means a group which: (a) Consists of three or more persons; (b) has identifiable leadership;
and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.
RCW 9.94A.030
Definitions.
(12) "Criminal street gang" means any ongoing organization, association, or group of three or more
persons, whether formal or informal, having a common name or common identifying sign or symbol,
having as one of its primary activities the commission of criminal acts, and whose members or associates
individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This
definition does not apply to employees engaged in concerted activities for their mutual aid and
protection, or to the activities of labor and bona fide nonprofit organizations or their members or
agents.
Gang – “Criminal gang” means a group or association of three or more persons, whether
formal or informal, having:
(1)
a common name or common identifying sign(s) or symbol(s),
(2)
an identifiable, overt or covert leadership, organizational or command structure,
(3)
as one of its primary activities the commission of criminal acts,
(4)
individual or collective engagement in a pattern of criminal activity,
(5)
as one of its 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.
(13) "Criminal street gang associate or member" means any person who actively participates in any
criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the
criminal street gang.
Gang Membership – For the purposes of this policy and accompanying procedures, gang
membership includes active participation in a gang, as defined above, associate, “wannabe”
or other “recruit” status. Nothing within this policy or its definitions suggest that gangs, gang
membership, or gang activity be defined or limited by race, color, religion, ancestry, national
origin, gender, sexual orientation, including gender expression or identity, gender expression
or identity or other distinguishing characteristics including but are not limited to mental or
physical disability, socioeconomic status, and weight.
(14) "Criminal street gang-related offense" means any felony or misdemeanor offense, whether in
this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with
any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal
conduct by the gang, or is committed for one or more of the following reasons:
(a) To gain admission, prestige, or promotion within the gang;
(b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any
geographical area;
(c) To exact revenge or retribution for the gang or any member of the gang;
(d) To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the
gang;
(e) To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the
gang, its reputation, influence, or membership; or
(f) To provide the gang with any advantage in, or any control or dominance over any criminal market
sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen property (chapter 9A.82 RCW);
promoting prostitution (chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); or promoting
pornography (chapter 9.68 RCW).
Gang Activity – Gang activity suggests a “pattern of criminal activity” and 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.
(a) “Gang activity” may include the wearing or displaying of specific colors, symbols, numbers
or specific gang-related language. However, nothing in this policy suggests that gangs,
gang membership, or gang activity be solely defined or limited by physical appearance,
clothing or other apparel, or language.
(b) Within the context of a safe and civil educational environment, “gang activity” may also
include harassment, intimidation, bullying, fighting and other disruptive behaviors, and/or
threats to students, staff and others involved in that environment.
Other State Definitions:
Maryland:
Oregon:
As used in this section, "gang" means a group that identifies itself through the use of a
name; unique appearance or language, including hand signs; the claiming of geographical
territory; or the espousing of a distinctive belief system that frequently results in criminal
activity.
Sample LEA Definitions:
Big Foot Area Schools Association (Fontana, Sharon, Linn SD’s):
A “gang” is defined as any identifiable group or club which exits without the sponsorship of the
school or the sponsorship of any recognized adult community or civic organization and which
engage in antisocial or criminal behavior or activity which is disruptive of the school
environment.
Rio Rancho, CA, Public Schools:
A. Definition: For purposes of this policy a "gang" is any group of two or more persons
whose purposes include the commission of illegal acts, or acts in violation of disciplinary rules
of the school district. ““Gang related activity”” includes but is not limited to the prohibited
conduct set forth below.
Wake County Schools:
A gang is any ongoing organization, association, or group of three or more persons, whether
formal or informal, having as one of its primary activities the commission of criminal acts, or the
purposeful violation of any WCPSS policy, and having a common name or common identifying
sign, colors or symbols.
Kenosha:
A "gang" is defined as any identifiable group or club which exists without the sponsorship or
authorization of the school and which engages in anti-social or criminal behavior or activity
which is disruptive of the school environment.
Granville County (NC)
Any ongoing organization, association or group of three (3) or more persons, either formal or
informal, which meets BOTH of the following criteria:
a. has unique common name or common identifying signs, colors, or symbols, and,
b. has members or associates who, individually or collectively, engage repeatedly in, or
have repeatedly engaged in criminal activity.