If the court finds that a person convicted of a violation of RCW
9A.36.021, Simple Assault; 9A.36.050, Reckless Endangerment; 9A.36.070, Coercion; 9.61.230, Intimidating Phone Calls; 9A.46.120, Harassment; 9.08.020, Disorderly Conduct; 9A.84.010, Riot; 9.08.040, Disrupting School Activities; 9A.48.090, Malicious Mischief; or 9A.52.080, Criminal Trespass, intentionally committed the acts necessary for conviction because of such person's perception of the race, color, religion, ancestry, national origin, group association, gender, sexual orientation, or mental, physical or sensory handicap of the victim or victims, or that the violation was part of a gang initiation or gang activity, the court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than five days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternate means. For purposes of this section the terms "gang," "gang activity," "gang initiation" and "gang member," are defined as follows:
A. "Gang"means two or more people who form an allegiance for a common purpose and engage in unlawful activity.
B. "Gang activity"means the committing of unlawful activities by gang members or unlawful activities that involve gang behavior such as symbols, slogans, graffiti and other known indications of gang involvement.
C. "Gang initiation"means the engaging in unlawful activity for the purpose of being accepted as a member of a gang.
D. "Gang member"means a person who, by reason of admission or other competent evidence, is shown to be a member of a gang. Such evidence may include evidence of tattoos, club rosters, attendance lists, distinct and recognizable clothing or other competent evidence.
(Formerly 9.08.080; Ord. 508 § 3, 1994; Ord. 1020 § 3, 2017)