Revised Laws of Saint Lucia (2021)

3.   Participation in gang

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   (1)   In this section —

“participate in gang-related activity” includes joining a gang, being a gang member or a gang leader, recruiting persons to participate in gang activity, preventing another person from ending his or her gang membership, or affiliation and contributing to gang activity.

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   (2)   Every person who, by act or omission, knowingly participates in gang-related activity commits an indictable offence.

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   (3)   A person who commits an offence under this section is liable on conviction on indictment to a fine of $300,000.00 and to imprisonment for a term of 20 years.

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   (4)   In a prosecution for an offence under this section, it is not necessary to prove that —

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      (a)     the gang actually facilitated or committed an offence;

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      (b)     the participation of the accused actually enhanced the ability of the gang to facilitate or commit an offence;

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      (c)     the accused knew the specific nature of any offence that may have been facilitated or committed by the gang; or

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      (d)     the accused knew the identity of any of the persons who constitute the gang.

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   (5)   In determining whether an accused participates in any gang-related activity, the Court may consider, among other factors, whether the accused —

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      (a)     uses a name, word, symbol or other representation that identifies or is associated with, the gang;

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      (b)     frequently associates with any of the persons who constitute the gang;

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      (c)     receives any benefit from the gang; or

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      (d)     engages in activities at the instruction of any of the persons who constitute the gang.

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   (6)   In determining the sentence to be imposed on a person convicted under this section, the Court may consider, among other factors any of the following circumstances as aggravated circumstances, justifying a severe sentence —

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      (a)     the person who was aided or abetted, or who was prevented from leaving the gang, was a minor at the time of the offence;

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      (b)     the offence involved gang-related activity within one mile of a school or place of worship or health institution;

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      (c)     the person convicted was a law enforcement officer at the time the offence was committed; or

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      (d)     the person convicted is a gang leader.