Council Approves Anti Gang Initiation Legislation

City Council passed legislation creating a specific crime classification for gang initiations—but opponents say the new bill could put innocent kids behind bars and lead them toward gangs. Gotham Gazette reports that the bill establishes a misdemeanor offense for gang initiations that prosecutors can use as an additional charge against suspects. Prosecutors don't need to demonstrate that someone was hurt in an initiation to use the new law, meaning they won't need a victim's testimony to prove a crime occurred. Critics say that's a loophole that could allow police to arrest innocent people with little evidence. Councilman Peter Vallone Jr. (D-Queens) disagrees: "You can't pull anyone off the corner with this law ... That's ridiculous."

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By Ben Muessig in News on February 12, 2010 4:10 PM

Comments [rss]

JacqueMehoff

by this meaning an additional charge to something means one can't just be charged with "gang initiation" right?

say I flashed my high beams and was followed and attacked they would add that Initiation charge with the assault charge because in order to become a member one must beat up the first guy who flashed their high beams.

I'm lost here, isn't the biggest gang the NYPD, HaHa!

bitchincamaro

If by "flash my high beams" you mean "show you my titz", I think the po-po would overlook your gang affiliation. Unless you're a guy, in which case, grab your ankles and take your tazing like a man.

nycraf

Think of it like in hockey.

A guy can get a penalty for fighting, but an additional penalty for instigating can be leveled at the same guy if he's the one who obviously started the fight.

So you have an assault on a citizen or an armed robbery. In addition to those charges, an additional gang initiation charge can be made.

Not the best or cleanest example, just the closest thing I can think of.

jaycjay

That's not how it's written. It could be applied, as presently worded anyway, without any other charge if one of the types of activities covered are done for purposes of gang initiations. Those activities are also made illegal under existing laws.

So if harassment, for example, takes place as gang initiation there would be no reason why a prosecutor couldn't charge it in any one of three ways: under the existing harassment law, under this new law as gang initiation, or both.

Text is here:

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=647141&GUID=87DCFC77-C318-4377-ABE9-8CED35A9A636&Options=ID|Text|Attachments|Other|&Search=1