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New
Jersey 2C:44-3.
Criteria for Sentence of Extended Term of Imprisonment
(CONITNUED>>>)
g.
The defendant has been convicted of a crime under N.J.S.:2C:14-2
or N.J.S.:2C:14-3 involving violence or the threat of violence and
the victim of the crime was 16 years of age or less. For purposes
of this subsection, a crime involves violence or the threat of violence
if the victim sustains serious bodily injury as defined in subsection
b. of N.J.S.:2C:11-l, or the actor is armed with and uses a deadly
weapon or threatens by word or gesture to use a deadly weapon as
defined in subsection c. of N.J.S.:2C:11-l, or threatens to inflict
serious bodily injury.
h.
The crime was committed while the defendant was knowingly involved
in criminal street gang related activity. A crime is committed while
the defendant was involved in criminal street gang related activity
if the crime was committed for the benefit of, at the direction
of, or in association with a criminal street gang. "Criminal street
gang" means three or more persons associated in fact. Individuals
are associated in fact if (1) they have in common a group name or
identifying sign, symbol, tattoo or other physical marking, style
of dress or use of hand signs or other indicia of association or
common leadership, and (2) individually or in combination with other
members of a criminal street gang, while engaging in gang related
activity, have committed, conspired or attempted to commit, within
the preceding three years, two or more offenses of robbery, carjacking,
aggravated assault, assault, aggravated sexual assault, sexual assault,
arson, burglary, kidnaping, extortion, or a violation of chapter
11, section 3,4,5,6 or 7 of chapter 35 or chapter 39 of Title 2C
of the New Jersey Statutes regardless of whether the prior offenses
have resulted in convictions.
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