Gangs OFFICE OF THE ATTORNEY GENERAL COMMONWEALTH OF

Gangs OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Lesson goal Subhead To improve students’ understanding of gangs and Virginia laws that address gang-related crime. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Students will learn: • • • How gangs are defined in Virginia law Laws that address gangs and gang-related crime The harm gangs do The false promises of gangs Strategies for avoiding Subhead gang involvement OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Definition of a gang If all of these descriptions apply, it’s a “criminal street gang” under Virginia law: • Three or more persons, whether formal or informal. • Commits one or more criminal acts as one of its main objectives or activities. Subhead • Has an identifiable name or identifying sign or symbol. • Has committed or tried to commit, individually or as a group, two or more of certain criminal acts, at least one of which is an act of violence. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Other laws Subhead Virginia has other laws that are tough on crimes: • Code of Virginia § 18. 2 -46. 2 makes it a Class 4 or 5 felony for gang members to commit certain criminal acts on behalf of the gang. Subhead • This law makes it a separate offense to commit a crime on behalf of a gang. This means that a person can be convicted and sentenced for the crime (such as robbery, assault, arson, gang recruitment, trespassing, and damage to property) and face additional penalties because the criminal act was on behalf of a gang. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Other laws Subhead Definitions of Class 4 and Class 5 felonies: • Class 4 felony: Imprisonment for two to 10 years, and a possible fine of up to $100, 000. Subhead • Class 5 felony: Imprisonment one to 10 years or confinement in jail for up to 12 months, and a possible fine of up to $2, 500. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Gang recruitment Code of Virginia § 18. 2 -46. 3 prohibits recruitment of juveniles for criminal street gangs. • First, any person who, regardless of age, solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to actively. Subhead participate in or become a member of a criminal street gang, shall be guilty of a Class 1 misdemeanor. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Gang recruitment, cont. The penalties are even steeper when an adult tries to recruit a juvenile or threats or force are used: • Any person aged 18 years or older, who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of a criminal street gang, shall be guilty of a Subhead Class 6 felony. • Any person who uses threats or force against a person or that person’s family to recruit that person into a gang, or force him or her to remain in the gang or to submit to a demand by a gang to commit a felony, shall be guilty of a Class 6 felony. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Gang free school zones Virginia law also establishes Gang-Free School Zones in which there are enhanced penalties for gang participation and recruitment. The zones include school property (including colleges), public property within 1, 000 feet of school property, and school buses. (Code of Virginia § 18. 246. 3: 3) Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Hazing Subhead • Virginia law also prohibits hazing of youth gang members. The Code says that anyone who causes bodily injury by hazing any member or person seeking to become a member of a youth gang or street gang shall be guilty of a Class 1 misdemeanor. Subhead • Hazing often occurs as part of an initiation into the gang or as a condition for continued membership. The law says that this is a crime and it does not matter whether or not the victim of the hazing participated voluntarily. (Code of Virginia § 18. 2 -55. 1) OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Notification of school superintendent Another law requires that the school division superintendent be notified when a juvenile commits a violation of any gang statute, whether on or off school property. (Code of Virginia § 16. 1 -260. G) Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Gangs and crime Tough gang laws were enacted, in part, because of the serious criminal activities in which most street gang members are involved, such as: • Using drugs and dealing drugs • Theft and dealing in stolen property Subhead • Assault and battery and serious injury to other people • Threats and intimidation of others • Destroying public and private property OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Gang facts Subhead 1. Street gangs recruit members as young as elementary school age. 2. Street gangs may be composed of boys and/or girls. Subhead 3. Street gangs may be a mix of different races and cultures. 4. Street gang members must prove themselves to their gangs. 5. Street gang members are typically involved in activities that OFFICE break. OFthe THE law. ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Gang facts Subhead 6. Street gang members accept violence as a method of operation. 7. Street gang members are often arrested for their crimes. Subhead 8. Street gang members are feared and not respected by their peers. 9. Street gang members are followers, not leaders. 10. Street gang members are breaking the law by committing certain crimes on behalf of the gang. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Recognizing gangs • Gang members tend to dress alike. • A number of gangs wear the same colors. • Many gangs wear specific team athletic wear. Subhead • Many gang members tend to wear baseball caps backwards. • Many gang members display tattoos or body piercing. • Many gang members wear the same type of shoes. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Tagging Subhead Another indicator of gang-related activity is tagging. Tagging is graffiti placed on property, often by gangs, to mark a territory. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Myths and facts about tagging Refer to lesson handout “Tagging, Trashing, Graffiti or Crime? ” One myth is that tagging is just a prank. Tagging is destroying or defacing property. Code of Virginia § 18. 2 -137 states: Subhead any property, real or Anyone who destroys or defaces personal, not his own, shall be guilty of a Class 1 misdemeanor if the damage to the property is less than $1, 000 or a Class 6 felony if the value of or damage is $1, 000 or more. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Myths and facts. Subhead about tagging, cont. Code of Virginia § 18. 2 -138 states: • Anyone who destroys or defaces public property shall be guilty of a Class 1 misdemeanor if the damage to the property is less than $1, 000 and a Class 6 felony if the damage is $1, 000 or more. Subhead • In addition to criminal penalties for destroying or defacing property, parents can be held responsible for the damages. Code of Virginia § 8. 01 -43 – The parents or guardians of a child may be ordered to pay up to $2, 500 for damages their child caused to public property. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Why people join gangs • They are looking for excitement. • They do not feel good about themselves and want to be popular. • They have problems at home. • They do not feel loved or accepted and want a “family. ” • They choose the wrong friends. Subhead • They think they can make money in gangs. • They use alcohol and other drugs. • They do not have goals. • They want to be cool. • They feel they need protection. • They believe membership in a gang will bring them status and respect. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Strategies for staying out of a gang • • • Choose the right friends who have a positive influence on you. Say no to alcohol and other drugs. Say no to violence at school and in the community. Choose positive activities such as sports, clubs, etc. Work hard in school. Subheadyou like to be when you grow Set personal goals (what would up? ) Talk openly about gangs to your parents, teachers, and other trusted adults. Choose positive solutions to your conflicts. Do not dress like a gang member. Be a leader and not a follower. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

GANGS Subhead Review and recap You have learned: • How gangs are defined in Virginia law • Laws that address gangs and gang-related crime • Reasons people join gangs Subhead • Signs of gang activity, including tagging • Strategies for avoiding gang involvement OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

OFFICE OF THE ATTORNEY GENERAL COMMONWEALTH OF VIRGINIA • WWW. AG. VIRGINIA. GOV For more information about Virginia laws that affect teens, visit www. virginiarules. org © Office of the Attorney General of the Commonwealth of Virginia