DENVER, COLORADO
Codified through Ordinance No. 104-99, adopted February 8, 1999. TITLE II REVISED MUNICIPAL CODE
Chapter 37 NUISANCES
ARTICLE II. PUBLIC NUISANCE OFFENSES
Sec. 37-50. Definitions

(a) Gang related criminal activity: means any criminal violation of federal law, state law, or City Code committed by two (2) or more persons, acting jointly, through a conspiracy, or in complicity, where those persons are members of the same association or organization which has as one (1) of its purposes the commission of crime.
(c) Public nuisance, Class one (1): any parcel of real property, personal property, or vehicle on or in which any of the following illegal activities occurs, or which is used to commit, conduct, promote, facilitate, or aid the commission of or flight from any of the following activities. For purposes of this section, the illegal activity shall have the same definition as that contained in the section of the Colorado Revised Statutes (C.R.S.), as amended, or the section of the Denver Revised Municipal Code, as amended, listed after the illegal activity:
  1. Two (2) or more offenses of disturbing the peace, Denver Revised Municipal Code, section 38-89 within any one-hundred-eighty-day period; or
  2. Unlawful discharge, possession, carrying, flourishing, concealment, storage, use, or sale of firearms, knives and/or assault weapons, dangerous weapons, or defaced firearms, Denver Revised Municipal Code sections 38-117, 38-119, 38-121, 38-122, and 38-130, and C.R.S. Sections 18-12-102, 18-12-103, 18-12-105, 18-12-106, 18-12-108, 18-12-108.5, or any offense relating to incendiary devices, section 38-126, Denver Revised Municipal Code and C.R.S. Section 18-12-109; or
  3. Any gang-related criminal activity; or
  4. Any drive-by crime, Section 16-13-301, C.R.S.; or
  5. The storage or concealment of weapons or tools used in the commission of crimes of violence, C.R.S. Section 16-11-309, drive-by offenses, C.R.S. Section 16-13-301, or any offense in paragraph (9) above; or
  6. Vehicular eluding, C.R.S. Section 18-9-116.5, or eluding or attempting to elude a police officer, C.R.S. Section 42-4-1414

ALBUQUERQUE, NEW MEXICO
CHAPTER 11, ARTICLE 9: ANTI-GANG RECRUITMENT
11-9-4. DEFINITIONS

CRIMINAL STREET GANG. Any ongoing organization, association in fact, or group of three or more persons, whether formally or informally organized, or any sub-group or affiliated group thereof, having as one of its primary activities the commission of one or more criminal acts or illegal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity for a one-year period.
PATTERN OF CRIMINAL GANG ACTIVITY. The commission, attempt to commit, conspiring to commit, or solicitation of two or more predicate gang crimes, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same criminal street gang within a one-year period.
PREDICATE GANG CRIME.
(1) A state offense:
(a) Involving a controlled substance (as defined in Section 30-31-2 NMSA 1978, as amended, and/or Section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is imprisonment for not less than five years.
(b) That is a felony crime of violence that has an element the use or attempted use of physical force against the person on another; or
(2) Any federal or state felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense, including:
(a) Assault with a deadly weapon;
(b) Aggravated battery;
(c) Intimidation;
(d) Compelling organizational membership;
(e) Homicide or manslaughter;
(f) Shooting at an occupied dwelling or motor vehicle;
(g) Kidnapping;
(h) Car jacking;
(i) Robbery;
(j) Residential burglary;
(k) Drive-by shooting;
(l) Unlawful use or possession of weapons;
(m) Bribery;
(n) Tampering with or retaliating against a witness, victim, informant, or juror;
(o) Rape;
(p) Torture; and
(q) Arson; or
(3) Any federal or state offense involving:
(a) Money laundering;
(b) Felony vandalism;
(c) Unlawful sale of a firearm; or
(d) Obstruction of justice.
(Ord. 35-1996)




















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