76-9-803. Soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-802
(2) An actor commits soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if the actor: solicits, recruits, entices, or intimidates a minor to join a criminal street gang; or conspires to commit an act described in Subsectionwith the intent to cause a minor to join a criminal street gang. (2)(a)
(3) A violation of Subsectionis: (2) a class A misdemeanor if the actor is a minor; or a third degree felony if the actor is 18 years old or older.
(4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang.