§ 3064. Enhanced sentencing; court’s discretion
(a) Any person who violates this chapter in the commission of the underlying criminal act commits a felony, upon conviction of the underlying felony and in addition and consecutive to the punishment prescribed for the felony convicted of, shall be punished by an additional term of one, two, or three years, at the discretion of […]
§ 3065. Civil cause of action
(a) Any person, organization or entity establishing by clear and convincing evidence coercion, intimidation, threats, or any injury by reason of a violation of this chapter has a civil cause of action for treble damages, punitive damages, injunctive relief, or any other appropriate relief in law or equity. If the plaintiff prevails, the plaintiff may […]
§ 3066. Notification to police or law enforcement agencies of release of criminal street gang member from prison
When a criminal street gang member or associate is released from the custody of a jail, prison, or corrections facility of the Virgin Islands, and the criminal street gang member was in the custody for violating this chapter, a designated employee of the jail, prison, or corrections facility shall transmit notice of the release to […]
§ 3067. Enhanced law enforcement efforts
(a) The Virgin Islands Police Department and other law enforcement agencies of the Virgin Islands shall concentrate enhanced law enforcement efforts and resources on all criminal activities prohibited under this chapter. (b) The efforts of the gang violence unit must include: (1) coordinating with the Department of Education to develop, adopt and implement gang preventive […]
§ 3068. Forfeiture; proceedings
(a) Property subject to civil forfeiture to the Government of the Virgin Islands includes all property, both personal and real, of any kind or character used in substantial connection with, intended for use in the course of, derived from, traceable to, or realized through, including any profit or interest derived from: (1) any conduct in […]
§ 3063. Separate offense; matters proven during criminal trials
Any offense committed in violation of this chapter is considered a separate offense. Nothing in this chapter may prohibit the arrest and prosecution of a criminal street gang member or criminal street gang associate for violations under other sections of the Virgin Islands Code except to the extent provided by law.
§ 3050. Separability
If any provision of this chapter or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this chapter and the application of the provisions of this chapter to any person or circumstance shall not be affected thereby.
§ 3051. Construction
Nothing in this chapter may be construed to prohibit any expressive conduct protected from legal prohibition by or any activities protected by the Free Speech or Free Exercise Clauses of the First Amendment to the United States Constitution.
§ 3060. Short title
This chapter may be cited as “The Criminal Street Gang Prevention Act”.
§ 3061. Definitions
In this chapter: (a) “Act of violence” means those felony offenses described in title 23 Virgin Islands Code § 451(g) as crimes of violence. (b) “Contraband” means any property, including money, that is owned by, in the possession of, or subject to the control of a criminal street gang member or associate and which is […]