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New
Jersey 2C:44-3.
Criteria for Sentence of Extended Term of Imprisonment
(CONITNUED>>>)
The
court shall not impose a sentence pursuant to this subsection unless
the ground therefore has been established by a preponderance of
the evidence established at a hearing, which may occur at the time
of sentencing. In making its finding, the court shall take judicial
notice of any testimony or information adduced at the trial, plea
hearing or other court proceedings and also shall consider the pre-sentence
report and any other relevant information.
Gang
Recruitment, Threats and Intimidation
New Jersey 2C:33-28. Solicitation, recruitment to join criminal
street gang; crime, degrees
1.
a. An actor who solicits or recruits another to join or actively
participate in a criminal street gang with the knowledge or purpose
that the person who is solicited or recruited will promote, further,
assist, plan, aid, agree, or attempt to aid in the commission of
criminal conduct by a member of a criminal street gang commits a
crime of the fourth degree. For purposes of this section, the actor
shall have the requisite knowledge or purpose if he knows that the
person who is solicited or recruited will engage in some form, though
not necessarily which form, of criminal activity. "Criminal street
gang" shall have the meaning set forth in subsection h. of N.J.S.:2C:44-3.
b.
An actor who, in the course of violating subsection a. of this section,
threatens another with bodily injury on two or more separate occasions
within a 30-day period commits a crime of the third degree.
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