76-9-903. Gang loitering -- Failure to disperse -- Penalties.
(1) When a law enforcement officer observes a person whom the officer reasonably believes
to be a member of a criminal street gang engaging in gang loitering in the presence of one or more other
persons in any public place where gang loitering is prohibited under Section 76-9-905, the police
officer shall:
(a) inform all the persons that they are within an area in which loitering by a group containing
one or more criminal street gang members is prohibited;
(b) order all the persons in the group to disperse and remove themselves from within sight and
hearing of the location where the officer issues the order to disperse; and
(c) inform the persons that any person in the group will be subject to being charged with a
criminal offense and will also be subject to arrest if the person fails to promptly obey the order to
disperse.
(2) The officer under Subsection (1) shall also advise the persons the officer is directing to
disperse that each of the persons directed to disperse is subject to being charged with a criminal offense
and will also be subject to arrest if the person is again, within eight hours after the current order to
disperse is made:
(a) present in a public place with a group that includes one or more persons a peace officer
reasonably believes to be a member of a criminal street gang; and
(b) within sight or hearing of the location where the law enforcement officer is currently issuing
the order to disperse.
Enacted by Chapter 86, 2009 General Session
Download Code Section Zipped WordPerfect 76_09_090300.ZIP 2,323 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009