Criminal Gang Activity Laws in Georgia?

While on the campaign trail, Georgia’s newly elected governor, Brian Kemp, made a promise to crack down on gang activity. Back in April, Kemp told Marietta voters, “We have a gang problem in Georgia. It’s a crisis.” And, investigators from the statewide organization GGIA (Georgia Gang Investigators Association)—comprised of criminal justice professionals who work to prevent gang-related crimes—agree with the new governor, according to a May 2018 article in the AJC.

In the article, Georgia’s Gang Situation is Getting Worse, Investigators Say, GGIA sent out a survey to law enforcement agencies throughout the state, which identified more than 35,000 individual gang members in Georgia with the expectation of that number to rise. Right now, there are an estimated 1,000 gangs in Metro Atlanta and 70 to 80 percent of all violent and property crimes are gang related.

Backing his promise made to voters, Kemp proposed “Stop and Dismantle,” an initiative that includes a provision for a statewide gang-strike team and a plan to further empower the Attorney General’s Office to prosecute gangs across the state. Moreover, there are many crimes under Georgia law that are related to gang activity and it is important to know that you don’t have to be a member of a gang to be charged and convicted of gang activity.

How Does Georgia Define a Criminal Street Gang?

Under Georgia law, O.C.G.A. 16-5-3 (2), a criminal street gang is any organization, association, or group of three or more persons associated, in fact, whether formal or informal, which engages in criminal activity under O.C.G.A. 16-5-3 (1). The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity.

What is Criminal Gang Activity Under Georgia Law?

Under Georgia law, O.C.G.A 16-5-3 (1), criminal gang activity means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses: racketeering, stalking, rape, aggravated sexual battery, aiding or encouraging a child to escape from custody, criminal trespass, criminal damage to property and any other criminal offense that involves the violence, possession/use of a weapon.

What Are Georgia’s Laws on Criminal Gang Activity?

Georgia’s criminal gang activity laws are set out under O.C.G.A. 16-15-4 and makes it unlawful for:

• A person employed or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of a crime;
• Any person to commit an offense with the intent to obtain or earn membership or maintain or increase his or her status or position in a criminal street gang;
• Any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived from any interest in or control of any real or personal property of any nature, including money;
• Any person who occupies a position of organizer, a supervisory position, or any other position of management or leadership with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity;
• Any person to cause, encourage, solicit, recruit, or coerce another to become a member or associate of a criminal street gang, to participate in a criminal street gang, or to conduct or participate in a criminal gang activity;
• Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang;
• Any person to communicate, directly, with another any threat or injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member or associate of a criminal street gang;
• Any person to communicate, directly, with another any threat or injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang; and,
• Any person to communicate, directly, with another any threat or injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to intimidate, deter, or prevent such person from communicating to any law enforcement or corrections officer, prosecuting attorney, or judge information relating to criminal street gangs, criminal street gang members or associates, or criminal gang activity.

What Are the Penalties for Participating in Criminal Gang Activity in Georgia?

Under Georgia law, any person who is convicted of O.C.G.A. 16-15-4 (a)-(c) will be convicted of a felony offense and face a prison sentence from 5 – 20 years or pay a fine between $10,000 – $15,000, or both. Further, any person who is convicted of O.C.G.A. 16-15-4 (d)-(j) will be convicted of a felony offense and face a prison term between 5 – 20 years.

What Are Some Defenses to Criminal Gang Activity Charges?

If you have been charged with participating in criminal gang activity, there may be some possible defenses available to you in order to fight the charges against you. However, such defenses will depend heavily on the facts and circumstances surround your case. If you have committed a criminal offense and the prosecution also charges you with criminal gang activity, the best defense is to show evidence proving that the alleged crime you committed was not gang-related.

In Jones v. State, 292 Ga. 656, 659, 740 S.E.2d 590 (2013), the Court stated proof that “the commission of the predicate act was intended to further the interests of the

[gang]

is essential to prove a violation of O.C.G.A. 16-15-4 (a).” Further, in Rodriguez v. State, 284 Ga. 803, 807, 671 S.E.2d 497 (2009), the Court concluded that “there must be some nexus between the act and an intent to further street gang activity.” Thus, the State’s evidence must be sufficient to establish a connection between the defendant’s actions and intent to prove a violation of Georgia’s criminal gang activity laws.

Contact Bixon Law Today

If you or someone you know has been charged with participating in gang activity, call Bixon Law. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. He is committed to helping his clients through difficult situations and working to get them the best possible outcome. If you are facing criminal charges of any kind, we invite you to call us at 404-551-5684 for a free consultation today.