An Act To Define, Prevent and Suppress Gang Activity in the State
Maine Legislature, Session 125, LD 1707
Committee: Criminal Justice and Public Safety
Sponsors: VOLK, MASON, BLODGETT, BURNS, MALONEY, MOULTON, ALFOND, DIAMOND, GERZOFSKY, SNOWE-MELLO
Amends: 17-A MRSA §517, 17-A MRSA §1252

Legislative Document 
No. 1707 
H.P. 1259 
House of Representatives, December 23, 2011 
An Act To Define, Prevent and Suppress Gang Activity in the State 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative VOLK of Scarborough. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: BLODGETT of Augusta, BURNS of Whiting, MALONEY of Augusta, 
MOULTON of York, Senators: ALFOND of Cumberland, DIAMOND of Cumberland, 
GERZOFSKY of Cumberland, SNOWE-MELLO of Androscoggin. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, criminal street gang activity is a danger to society; and 
Whereas, prohibiting the recruitment of children into criminal street gangs will 
decrease the prevalence of gangs; and 
Whereas, this legislation imposes a severe penalty for criminal street gang behavior, 
which will serve as a deterrent and also decrease the prevalence of criminal street gangs 
and gang-related behavior; and 
Whereas, in order to protect children and society, it is necessary that this legislation 
take effect as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §517 is enacted to read: 
§517.  Criminal street gang solicitation 
1.   A person is guilty of criminal street gang solicitation if that person solicits, 
invites, recruits, encourages or otherwise causes or attempts to cause another individual to 
become a member of, remain in or actively participate in what the person knows to be a 
criminal street gang. 
2.   As used in this section, “criminal street gang” means a formal or informal 
ongoing organization, association or group of 3 or more individuals: 
A.  That has as one of its primary objectives or activities the commission of criminal 
activity; 
B.  Whose members share a common name, identifying sign, symbol, physical 
marking, style of dress or use of a hand sign; and 
C.  Whose members, individually or collectively, have engaged in the commission, 
attempted commission, solicitation to commit or conspiracy to commit any of the 
following offenses 2 or more times: 
(1)  An assault against a person, as prohibited by section 152-A; section 201; 
section 202; section 203, subsection 1, paragraphs A and B; section 208; section 
208-B; or section 208-C; 
(2)  A sexual assault, as prohibited by section 253, subsection 1, or section 253, 
subsection 2, paragraphs A to D; 
(3)  Kidnapping, as prohibited by section 301; 
(4)  Criminal restraint, as prohibited by section 302; 
(5)  A theft offense, as prohibited by section 353, subsection 1, paragraph B, 
subparagraphs (1) and (2) or section 354, subsection 1, paragraph B, 
subparagraph (3); 
(6)  Burglary, as prohibited by section 401; 
(7)  Robbery, as prohibited by section 651; 
(8)  Arson, as prohibited by section 802; 
(9)  Tampering with a witness, juror, informant or victim, as prohibited by 
section 454; and 
(10)  A drug offense, as prohibited by section 1103, 1105-A, 1105-B, 1105-C, 
1106, 1107-A, 1118, 1119, 1120, 1121, 1122 or 1123. 
3.   Criminal street gang solicitation is a Class A crime. 
Sec. 2.  17-A MRSA §1252, sub-§4-F is enacted to read: 
4-F.  If the State pleads and proves that the defendant committed an offense described 
in paragraph B as a criminal street gang member or for the benefit of, at the direction of 
or in association with a criminal street gang member, the court, notwithstanding any other 
provision of this Code, shall impose the sentencing alternative specified in paragraph C. 
A.  As used in this subsection, the following terms have the following meanings. 
(1)  "Criminal street gang" has the same meaning as in section 517. 
(2)  "Criminal street gang member" means an individual to whom 2 or more of 
the following apply: 
(a)  The individual admits to criminal street gang membership; 
(b)  The individual is identified as a criminal street gang member by a law 
enforcement officer, a parent or guardian of that individual or a reliable 
informant; 
(c)  The individual resides in or frequents a particular criminal street gang’s 
area, adopts the criminal street gang's style of dress or use of hand or other 
signs, tattoos or other physical markings and associates with known criminal 
street gang members; and 
(d)  The individual has been arrested more than once in the company of 
individuals who are identified as criminal street gang members by a law 
enforcement officer for offenses that are consistent with usual criminal street 
gang activity as set out in paragraph B. 
B.  The following crimes are offenses for which, when committed by a criminal street 
gang member, a sentencing alternative must be imposed pursuant to paragraph C: 
(1)  An assault against a person, as prohibited by section 152-A; section 201; 
section 202; section 203, subsection 1, paragraphs A and B; section 208; section 
208-B; or section 208-C; 
(2)  A sexual assault, as prohibited by section 253, subsection 1, or section 253, 
subsection 2, paragraphs A to D; 
(3)  Kidnapping, as prohibited by section 301; 
(4)  Criminal restraint, as prohibited by section 302; 
(5)  A theft offense, as prohibited by section 353, subsection 1, paragraph B, 
subparagraphs (1) and (2) or section 354, subsection 1, paragraph B, 
subparagraph (3); 
(6)  Burglary, as prohibited by section 401; 
(7)  Robbery, as prohibited by section 651; 
(8)  Arson, as prohibited by section 802; 
(9)  Tampering with a witness, juror, informant or victim, as prohibited by 
section 454; 
(10)  A drug offense, as prohibited by section 1103, 1105-A, 1105-B, 1105-C, 
1106, 1107-A, 1118, 1119, 1120, 1121, 1122 or 1123; and 
(11)  Criminal street gang solicitation, as prohibited by section 517. 
C.  In using a sentencing alternative involving a term of imprisonment for a person 
convicted of an offense specified in paragraph B, a court shall, in determining the 
maximum period of imprisonment as the 2nd step in the sentencing process pursuant 
to section 1252-C, subsection 2, treat each conviction for an offense specified in 
paragraph B as an aggravating sentencing factor. 
(1)  When the sentencing class for an offense specified in paragraph B is Class A, 
the court shall enhance the basic term of imprisonment by a minimum of 4 years 
of imprisonment. 
(2)  When the sentencing class for an offense specified in paragraph B is Class B, 
the court shall enhance the basic term of imprisonment by a minimum of 2 years 
of imprisonment. 
(3)  When the sentencing class for an offense specified in paragraph B is Class C, 
the court shall enhance the basic term of imprisonment by a minimum of one year 
of imprisonment. 
In arriving at the final sentence as the 3rd step in the sentencing process pursuant to 
section 1252-C, paragraph C, the court may not suspend that portion of the maximum 
term of imprisonment based on the conviction for an offense specified in 
paragraph B. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill provides definitions of "criminal street gang" and "criminal street gang 
member" and creates the crime of criminal street gang solicitation.  This bill requires the 
court to impose an enhanced sentence for certain crimes, such as murder, gross sexual 
assault, robbery, kidnapping, certain theft offenses and trafficking or furnishing of 
scheduled or synthetic hallucinogenic drugs, when those crimes are committed by a 
criminal street gang member.