Section 578.430

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 28 Aug 1993, 2 histories, see footnote   (history) 

  *578.430.  Until December 31, 2016 — Buildings, rooms and structures used for criminal street gangs' activities deemed public nuisances — owner knowing of gang use, court may order no occupancy up to one year. — 1.  Any room, building, structure or inhabitable structure as defined in section 569.010 which is used by a criminal street gang in a pattern of criminal street gang activity shall be deemed a public nuisance.  No person shall keep or maintain such a public nuisance.

  2.  The attorney general, circuit attorney or prosecuting attorney may, in addition to any criminal prosecutions, prosecute a suit in equity to enjoin the public nuisance.  If the court finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for criminal street gangs in a pattern of criminal street gang activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

  3.  All persons, including owners, lessees, officers, agents, offenders or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.

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(L. 1993 H.B. 562 § 4 subsecs. 1, 2, 3)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.