22-10A-1      Definitions.
22-10A-2      Reclassification of offense if part of street gang activity.
22-10A-3      Allegation of gang membership filed as separate information.

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 of street gang activity;

(2)    "Street gang member," any person who engages in a pattern of street gang activity and who meets two or more of the following criteria:

(a)    Admits to gang membership;

(b)    Is identified as a gang member by a documented reliable informant;

(c)    Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs or its tattoos and associates with known gang members;

(d)    Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information;

(e)    Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity;

(f)    Is identified as a gang member by physical evidence, such as photographs or other documentation; or

(g)    Has been stopped in the company of known gang members four or more times; and

(3)    "Pattern of street gang activity," the commission, attempted commission, or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity.

Source: SL 1992, ch 159, § 1; SDCL, § 22-10-14; SL 2005, ch 120, §§ 352, 355.

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 120, §§ 353, 355.

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 member, and shall be signed by the prosecutor.

Source: SL 1992, ch 159, § 3; SDCL, § 22-10-16; SL 2005, ch 120, §§ 354, 355.