Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-2321 (2026)

Participating in or assisting a criminal street gang; classification

✓ current as of May 2026
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13-2321. Participating in or assisting a criminal street gang; classification

A. A person commits participating in a criminal street gang by any of the following:

1. Intentionally organizing, managing, directing, supervising or financing a criminal street gang with the intent to promote or further the criminal objectives of the criminal street gang.

2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal street gang.

3. Furnishing advice or direction in the conduct, financing or management of a criminal street gang's affairs with the intent to promote or further the criminal objectives of a criminal street gang.

4. Intentionally promoting or furthering the criminal objectives of a criminal street gang by inducing or committing any act or omission by a public servant in violation of the public servant's official duty.

B. A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang.

C. Participating in a criminal street gang is a class 2 felony.

D. Assisting a criminal street gang is a class 3 felony.

E. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the existence of a criminal street gang or membership in a criminal street gang.

 

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1994–2024 · leading case: State v. Harm, 340 P.3d 1110 (Ariz. Ct. App. 2015).
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State v. Harm, 340 P.3d 1110 (Ariz. Ct. App. 2015). · cites it 14× “Where, as here, a statutory sentence enhancer has been created, the consequence of its application cannot be said to constitute a greater punishment than that anticipated by the legislature.”
State v. Hernandez, 439 P.3d 1188 (Ariz. Ct. App. 2019). · cites it 16× “The State argues that the legislative intent underlying § 13-2321 is, first and foremost, to prevent members of criminal street gangs from planning and carrying out crimes before the crimes can be completed.”
State v. Chairez, 327 P.3d 886 (Ariz. Ct. App. 2013). · cites it 6× “In addition, Chairez asserted the trial court had erred in denying his motion to withdraw from the plea agreement, given, inter alia, his lack of necessary discovery, counsel’s ineffectiveness, and the absence of a sufficient factual basis to support the pleas.”
Hernandez, 26 I. & N. Dec. 397 (BIA 2014). “The underlying offense must be committed for the benefit of a “criminal street gang,” which is defined as any ongoing organization, association, or group of three or more persons that has a common name or identifying sign or symbol and 2 We need not reach the question whether…”
Tonnemacher v. Sasak, 859 F. Supp. 1273 (D. Ariz. 1994). “Touche is granted summary judgment on the claims in Count Three involving sections 1962(e) and (d) of Title 18 of the United States Code and on the claims in Count Eight involving section 13-2321(B) of the Arizona Revised Statutes.”
State v. Juarez (Ariz. Ct. App. 2022). · cites it 10× “A.R.S. § 13-2321(B) (“A person commits assisting a criminal street gang by committing any felony offense .”
Stair v. Maricopa, 429 P.3d 1151 (Ariz. Ct. App. 2018). · cites it 7× “2013) (denying post-conviction relief in part because sufficient evidence showed defendant violated A.R.S. § 13-2321 in furthering Mexican Mafia objectives); State v.”
State v. Cooper (Ariz. Ct. App. 2018). · cites it 6× “§ 13-2321(E) provides: “Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the existence of a criminal street gang or membership in a criminal street gang.”
State v. Brice (Ariz. Ct. App. 2024). · cites it 4× “” A.R.S. § 13-2321(A)(1), (2). Brice was convicted under both definitions.”
State v. Kemp (Ariz. Ct. App. 2023). · cites it 3× “Moreover, A.R.S. § 13-2321 and § 13-714 do not have identical elements and are therefore not duplicitous.”
State v. Martinez (Ariz. Ct. App. 2016). · cites it 2× “A.R.S. § 13-2321(A). The State presented sufficient evidence that Martinez is a criminal street gang member of Eastside Mesa Locos.”
State v. Coleman (Ariz. Ct. App. 2016). · cites it 2× “See A.R.S. § 13-2321(B) (“A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang.”
Show all 14 citing cases →
— Ariz. Rev. Stat. § 13-2321(A) — 2 cases
State v. Hernandez, 439 P.3d 1188 (Ariz. Ct. App. 2019). “The State argues that the legislative intent underlying § 13-2321 is, first and foremost, to prevent members of criminal street gangs from planning and carrying out crimes before the crimes can be completed.”
State v. Martinez (Ariz. Ct. App. 2016). “A.R.S. § 13-2321(A). The State presented sufficient evidence that Martinez is a criminal street gang member of Eastside Mesa Locos.”
— Ariz. Rev. Stat. § 13-2321(A)(1) — 4 cases
State v. Hernandez, 439 P.3d 1188 (Ariz. Ct. App. 2019). “The State argues that the legislative intent underlying § 13-2321 is, first and foremost, to prevent members of criminal street gangs from planning and carrying out crimes before the crimes can be completed.”
State v. Chairez, 327 P.3d 886 (Ariz. Ct. App. 2013). “In addition, Chairez asserted the trial court had erred in denying his motion to withdraw from the plea agreement, given, inter alia, his lack of necessary discovery, counsel’s ineffectiveness, and the absence of a sufficient factual basis to support the pleas.”
State v. Brice (Ariz. Ct. App. 2024). “” A.R.S. § 13-2321(A)(1), (2). Brice was convicted under both definitions.”
State v. Hernandez, 476 P.3d 709 (Ariz. Ct. App. 2020).
— Ariz. Rev. Stat. § 13-2321(A)(2) — 1 case
State v. Hernandez, 439 P.3d 1188 (Ariz. Ct. App. 2019). “The State argues that the legislative intent underlying § 13-2321 is, first and foremost, to prevent members of criminal street gangs from planning and carrying out crimes before the crimes can be completed.”
— Ariz. Rev. Stat. § 13-2321(A)(3) — 1 case
State v. Hernandez, 439 P.3d 1188 (Ariz. Ct. App. 2019). “The State argues that the legislative intent underlying § 13-2321 is, first and foremost, to prevent members of criminal street gangs from planning and carrying out crimes before the crimes can be completed.”
— Ariz. Rev. Stat. § 13-2321(A)(4) — 1 case
Stair v. Maricopa, 429 P.3d 1151 (Ariz. Ct. App. 2018). “2013) (denying post-conviction relief in part because sufficient evidence showed defendant violated A.R.S. § 13-2321 in furthering Mexican Mafia objectives); State v.”
— Ariz. Rev. Stat. § 13-2321(B) — 6 cases
State v. Harm, 340 P.3d 1110 (Ariz. Ct. App. 2015). “Where, as here, a statutory sentence enhancer has been created, the consequence of its application cannot be said to constitute a greater punishment than that anticipated by the legislature.”
State v. Chairez, 327 P.3d 886 (Ariz. Ct. App. 2013). “In addition, Chairez asserted the trial court had erred in denying his motion to withdraw from the plea agreement, given, inter alia, his lack of necessary discovery, counsel’s ineffectiveness, and the absence of a sufficient factual basis to support the pleas.”
Tonnemacher v. Sasak, 859 F. Supp. 1273 (D. Ariz. 1994). “Touche is granted summary judgment on the claims in Count Three involving sections 1962(e) and (d) of Title 18 of the United States Code and on the claims in Count Eight involving section 13-2321(B) of the Arizona Revised Statutes.”
State v. Juarez (Ariz. Ct. App. 2022). “A.R.S. § 13-2321(B) (“A person commits assisting a criminal street gang by committing any felony offense .”
State v. Coleman (Ariz. Ct. App. 2016). “See A.R.S. § 13-2321(B) (“A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang.”
— Ariz. Rev. Stat. § 13-2321(E) — 1 case
State v. Cooper (Ariz. Ct. App. 2018). “§ 13-2321(E) provides: “Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the existence of a criminal street gang or membership in a criminal street gang.”
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