For years, movies like “The Godfather” and “Goodfellas” have provided a glamorous look at organized crime. In these movies, figures like Vito Corleone (The Godfather) commit numerous crimes ranging from theft to murder. In order to stay in these criminal organizations without getting “whacked,” you have to continue to contribute to the organizations criminal enterprises. While it is clear the mobsters in these movies are guilty of numerous violations, did you know that in Minnesota, it is a crime to belong to such a criminal organization?
Under Minnesota Statute § 609.229, it is a crime to commit a crime for the benefit of a criminal gang. A criminal gang is defined as “any ongoing organization, association, or group of 3 or more persons, whether formal or informal.” In order to be considered a criminal gang, 3 criteria must be met: 1) the primary activity is criminal in nature, 2) the members must have a common name or identifying sign/symbol, and 3) the members either individually, or collectively engage in a pattern of criminal activity. Once you belong to a criminal organization, any crime committed for the benefit, at the direction, in association with, or motivated by involvement with a criminal gang with intent to further, promote, or assist in the criminal conduct of the gang results in a violation of Minnesota Statute § 609.229.
The penalty for violating this statute depends on the crime you committed for the benefit of the criminal organization. If you commit a Felony in order to benefit a criminal organization, your sentence will 5 years longer than the statutory maximum for the crime. If you commit a Misdemeanor offense to benefit a criminal organization, you will be guilty of a Gross Misdemeanor, and if you commit a Gross Misdemeanor on behalf of the criminal organization, you will be guilty of a Felony and may be sentenced up to 3 years in jail and face a fine of up to $15,000.00.