Montana Code Annotated

Mont. Code Ann. § 45-8-402 (2026)

Definitions

✓ current as of May 2026
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TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 4. Montana Street Terrorism Enforcement and Prevention Act

Definitions

45-8-402. Definitions. As used in this part, the following definitions apply:

(1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in 45-8-405, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity.

(2) "Pattern of criminal street gang activity" has the meaning provided in 45-8-405.

History: En. Sec. 2, Ch. 285, L. 1997.

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013).
Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013). · cites it 2× “421 (1) (same); Mont. Code Ann. § 45-8-402 (1) (same); Nev.”
— Mont. Code Ann. § 45-8-402(1) — 1 case
Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013). “421 (1) (same); Mont. Code Ann. § 45-8-402 (1) (same); Nev.”
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