Des-Bal wrote:Vassenor wrote:Life in prison for throwing paint. Totally proportional and not at all authoritarian.
They're almost certainly not getting life. The issue is that criminal mischief over 5,000 is a second degree felony punishable by up to 15 years in prison. When you commit a second degree felony was part of a gang it becomes a first degree felony for which the maximum sentence is life.
If they're smart they'll try to make the case that their group was not a gang.
Under Utah law this would make them a gang.(1) "Criminal street gang" means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(a) that is currently in operation; (I'm assuming this is at the time the crime was committed)
(b) that has as one of its primary activities the commission of one or more predicate gang crimes; (Criminal Mischief satisfies)
(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity.
C and D going to come down to facts. If you kill this part they're still facing 15 years if the judge imposes the maximum sentence but I don't view it as especially likely and I would be totally shocked if a judge imposed life here.
Actually (b) looks rather tenuous too. Really not happy if Utah law allows such vagueness as "one of it's primary activities".
3 people commit a crime in concert. And suppose (d) is not yet satisfied (previous crimes by the same group), (b) can be established just as you did: one of their "primary" activities clearly is committing a crime, leaving (d) wide open to the prosecutor. The group don't need to be proven to "have engaged in a pattern" because it's sufficient that they "engage in" the pattern.
One of them on one occasion throws some paint. Another of them on the same occasion, throws some paint. (d) is satisfied (there's a pattern in their collective behavior, even if each of them only committed one crime). And that sucks. Utah law ... sucks.








