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5-74-104. Engaging in a continuing criminal gang, organization, or enterprise.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-74-104. Engaging in a continuing criminal gang, organization, or enterprise.
(a)(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the first degree if he or she:
(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management.
(2) A person who engages in a continuing criminal gang, organization, or enterprise in the first degree is guilty of a felony two (2) classifications higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (a)(1)(A) of this section.
(b)(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the second degree if he or she:
(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management.
(2) A person who engages in a continuing criminal gang, organization, or enterprise in the second degree is guilty of a felony one (1) classification higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (b)(1)(A) of this section.
(c) A person who engages in a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-74-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-74-104
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f48aeecb5dea6abe308209ba2639ed3d551643a66811aa7751944e9432715c50
Source location: content.xml paragraph 31495
Stored source content
5-74-104. Engaging in a continuing criminal gang, organization, or enterprise.
(a)(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the first degree if he or she:
(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management.
(2) A person who engages in a continuing criminal gang, organization, or enterprise in the first degree is guilty of a felony two (2) classifications higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (a)(1)(A) of this section.
(b)(1) A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the second degree if he or she:
(A) Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B) That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management.
(2) A person who engages in a continuing criminal gang, organization, or enterprise in the second degree is guilty of a felony one (1) classification higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (b)(1)(A) of this section.
(c) A person who engages in a continuing criminal gang, organization, or enterprise when the underlying predicate criminal offense is a Class A felony or a Class Y felony is guilty of a Class Y felony.
(d) Any sentence of imprisonment imposed pursuant to this section is in addition to any sentence imposed for the violation of a predicate criminal offense.
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