76-9-803. Soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.
(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.
(2) An actor commits soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if the actor:
(a) solicits, recruits, entices, or intimidates a minor to join a criminal street gang; or
(b) conspires to commit an act described in Subsection (2)(a) with the intent to cause a minor to join a criminal street gang.
(3) A violation of Subsection (2) is:
(a) a class A misdemeanor if the actor is a minor; or
(b) 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.