578.425. Felony or misdemeanors committed to promote or assist criminal conduct by gang members, punishment in addition to regular sentences.
Felony or misdemeanors committed to promote or assist criminal conductby gang members, punishment in addition to regular sentences.
578.425. Any person who is convicted of a felony or amisdemeanor which is committed for the benefit of, at thedirection of, or in association with, any criminal street gang,with the specific intent to promote, further, or assist in anycriminal conduct by gang members, shall be punished in thefollowing manner:
(1) Any person who violates this section in the commissionof a misdemeanor shall be punished by imprisonment in the countyjail not to exceed one year, or by imprisonment in a statecorrectional facility for one, two, or three years;
(2) Any person who violates this section in the commissionof a felony shall, upon conviction of that felony, in additionand consecutive to the punishment prescribed for the felony ofwhich he has been convicted, be punished by an additional term ofone, two, or three years at the court's discretion. If theunderlying felony is committed on the grounds of, or within onethousand feet of a public or private elementary, vocational,junior high or high school, the additional term shall be two,three, or four years, at the court's discretion. The court shallorder the imposition of the middle term of the sentenceenhancement, unless there are circumstances in aggravation ormitigation. The court shall state the reasons for its choice ofsentence enhancements on the record at the time of sentencing;
(3) Any person who violates this section in the commissionof a felony punishable by death or imprisonment for life shallnot be paroled until a minimum of fifteen calendar years havebeen served in the custody of the department of corrections.
(L. 1993 H.B. 562 § 2 subsec. 2)