This bill aims to amend the Anti-Organized Criminal Enterprise Act in West Virginia by explicitly including gang activity as an offense punishable under the law. It introduces a definition of "gang" that aligns with the existing definition of "organized criminal enterprise," thereby broadening the scope of the law to encompass gang-related activities. The bill outlines various qualifying offenses and establishes penalties for individuals who become members of an organized criminal enterprise or gang, as well as those who solicit or recruit others into such groups.

Specifically, the bill stipulates that individuals who knowingly participate in or promote gang activity can face felony charges, with potential penalties of up to 10 years in prison or fines of up to $25,000. Additionally, those who recruit or encourage others to join gangs or assist in criminal activities can be charged with a felony, facing up to five years in prison or fines of up to $10,000. The legislation also includes provisions to penalize individuals who intimidate witnesses in related prosecutions, reinforcing the commitment to combat gang-related crime in the state.

Statutes affected:
Introduced Version: 61-13-2, 61-13-3