22-10A-1. Definitions. Terms used in §§22-10A-1 to 22-10A-3, inclusive, mean: (1)”Street gang,” any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern […]
22-10A-2. Reclassification of offense if part of street gang activity. The penalty for conviction of any offense shall be reclassified to the next highest classification in the penalty schedule if the commission of such offense is part of a pattern of street gang activity. Source: SL 1992, ch 159, §2; SDCL, §22-10-15; SL 2005, ch […]
22-10A-3. Allegation of gang membership filed as separate information. An allegation that a defendant is a street gang member shall be filed as a separate information at the time of, or before, arraignment. The separate information shall state those criteria, as set forth in subdivision 22-10A-1(2), which allegedly identify the defendant as a street gang […]
