Under CRS 18-23-101, criminal gangs must have three or more people.
1. What are criminal street gangs in Colorado?
Criminal street gang means any ongoing organization, association, or group of three or more persons, whether formal or informal:
Which has as one of its primary objectives or activities the commission of one or more serious crimes; and
Whose members individually or collectively engage in or have engaged in a pattern ofcriminal gang activity.1
A pattern of criminal gang activity is defined as two or more “predicate criminal acts” committed on separate occasions or by two or more gang members.2 And predicate criminal acts comprise either:
Retaliation against a witness or crime victim; and/or
Any conduct defined as racketeering activity3
Crimes that qualify as racketeering include:
Murder (first degree and second degree)
Manslaughter (first degree, second degree, and third degree)
Assault
Menacing
Criminal extortion
Kidnapping (first degree and second degree)
Human trafficking (for involuntary servitude and sexual servitude)
Arson (first degree, second degree, third degree, and fourth degree)
Burglary (first degree and second degree)
Robbery
Aggravated robbery
Aggravated robbery of controlled substances
Motor vehicle theft
Criminal mischief
Computer crimes / cybercrime
Forgery
Second degree forgery
Criminal possession of a forged instrument
Criminal possession of forgery devices
Trademark counterfeiting
Felony charitable fraud
Defrauding a secured creditor or debtor
Money laundering
Bribery in sports
Criminal impersonation
Credit card fraud
Identity theft
Sexual exploitation of children
Pandering
Pimping
Bribery
Attempt to influence a public servant
Perjury (first degree and second degree)
Intimidating a juror
Tampering with a witness or victim
Prohibited wiretapping
Prohibited eavesdropping
Professional gambling
Possession of a gambling device or record
Transmission of receipt of gambling information
Maintaining gambling premises
Possessing an illegal weapon or a dangerous weapon
Illegal discharge of a firearm
Possession, use, or removal of explosives or incendiary devices or the possession of components thereof
Extortionate extension of credit
Engaging in criminal usury
Financing extortionate extensions of credit
Financing criminal usury
Collection of extensions of credit by extortionate means
Possession or concealment of records of criminal usury
IRS fraud
Securities offenses
Drug crimes4
In sum, there can be no gangs of just one or two people. And to qualify as a gang, the group has to have as its mission to break the law.
Note that law-breaking groups are still considered gangs even if they fail to carry out their intended crimes. Just the acts of trying or conspiring to carry out a crime qualify as a pattern of criminal gang activity.
In Denver, Colorado, the primary gangs are the Crips and the Bloods.
Colorado law defines gangs as groups that commit – or attempt to commit – racketeering or witness retaliation.
2. What are the penalties for witness retaliation?
Retaliation against witnesses or crime victims – or a member of their family or household – is a class 3 felony in Colorado. The punishment is four to 12 years in prison and a fine of $3,000 to $750,000.
Furthermore, the witness or crime victim may sue the defendant for damages suffered from the intimidation or retaliation. This could include medical expenses, property damage, pain and suffering, punitive damages, and attorney fees.
Retaliation consists of harassment or an act of harm or injury upon the victim’s person or property.5
3. What are the penalties for racketeering?
Racketeering is a class 2 felony in Colorado. The punishment is eight to 24 years in prison and a fine of $5,000 to $1 million. Defendants who are already convicted felons are ineligible to get a fine instead of prison.
In addition, defendants have to forfeit any money or property they gained through racketeering. Upon conviction, defendants may be liable for three times the value of any property damage or loss caused.6
4. Is gang recruiting a crime?
Yes, if the person being recruited is under 18 years old. Recruiting juveniles to join a criminal street gang (CRS 18-23-102) is a class 1 misdemeanor in Colorado punishable by six to 18 months in jail and a fine of $500 to $5,000.
Note that recruiting is a crime even if the recruited juvenile never joins the gang. And recruiting comprises all types of tactics, including inviting, soliciting, encouraging, coercing, forcing, intimidating, threatening, or causing bodily injury.7Call our law firm for legal advice. We offer free consultations.
