Section 578.425

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 28 Aug 2020, 3 histories   

  578.425.  Felony committed to promote or assist criminal conduct by gang members, punishment in addition to regular sentences. — Any person who is convicted of a felony which is committed for the benefit of, at the direction of, or in association with, any criminal street gang, with the purpose to promote, further, or assist in any criminal conduct by gang members, shall be punished in the following manner:

  (1)  Any person who violates this section in the commission of a felony shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of two years.  If the underlying felony is committed on the grounds of, or within one thousand feet of a public or private elementary, vocational, junior high or high school, the additional term shall be three years;

  (2)  Any person who violates this section in the commission of a dangerous felony shall, upon conviction of that dangerous felony, in addition and consecutive to the punishment prescribed for the dangerous felony of which he or she has been convicted, be punished by an additional term of five years.

  (3)  Any person who violates this section in the commission of a felony punishable by death or imprisonment for life shall not be paroled until a minimum of fifteen calendar years have been served.

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(L. 1993 H.B. 562 § 2 subsec. 2, A.L. 2014 S.B. 491, A.L. 2020 S.B. 600)