76-9-803.1. Aggravated 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 aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if, in the course of committing an offense under Section, the offense: 76-9-803 involves the use of a dangerous weapon; results in serious bodily injury to any individual; or results in serious emotional distress to any individual.
(3) A violation of Subsection (2) is: a third degree felony if the actor is a minor; or a second 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.