New Jersey statute
N.J.S.A. 2C:33-29 — Crime of gang criminality; "criminal street gang" defined; grading of offense
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 33, Colorado Revised Statutes.
Criminal charges under this statute
Full text of N.J.S.A. 2C:33-29
Statutory text current through the P.L.2025, c.346, and J.R.22. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.
1. a. A person is guilty of the crime of gang criminality if, while knowingly involved in criminal street gang activity, he commits, attempts to commit, or conspires to commit, whether as a principal or an accomplice, any crime specified in chapters 11 through 18, 20, 33, 35 or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9. A crime is committed while involved in a criminal street gang related activity if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang.
"Criminal street gang" means three or more persons associated in fact. Individuals are associated in fact if: (1) two of the following seven criteria that indicate criminal street gang membership apply: (a) self-proclamation; (b) witness testimony or official statement; (c) written or electronic correspondence; (d) paraphernalia or photographs; (e) tattoos; (f) clothing or colors; (g) any other indicia of street gang activity; and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed or conspired or attempted to commit, within the preceding five years from the date of the present offense, excluding any period of imprisonment, one or more offenses on separate occasions of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants or a violation of chapter 11, section 3, 4, 5, 6, or 7 of chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes.
b. Grading. Gang criminality is a crime of one degree higher than the most serious underlying crime referred to in subsection a. of this section, except that where the underlying crime is a crime of the first degree, gang criminality is a first degree crime and the defendant, upon conviction, and notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment between 15 and 30 years. A sentence imposed upon conviction of the crime of gang criminality shall be ordered to be served consecutively to the sentence imposed upon conviction of any underlying offense referred to in subsection a. of this section.
L.2007, c.341, s.1.
Official sources
Legal terms used in this section
Questions this section answers
What degree of offense is crime of gang criminality; "criminal street gang" defined; grading of offense in New Jersey?
Crime of gang criminality; "criminal street gang" defined; grading of offense is a crime of the first degree in New Jersey under N.J.S.A. 2C:33-29.
Which New Jersey statute covers crime of gang criminality; "criminal street gang" defined; grading of offense?
Crime of gang criminality; "criminal street gang" defined; grading of offense is governed by N.J.S.A. 2C:33-29 (Crime of gang criminality; "criminal street gang" defined; grading of offense).
This reference is informational and is not legal advice.