After City of Chicago v. Morales: If Youth "Hang Out" on the Street, Are They Breaking the Law? Chicago Context Click on any of the following links for more information about the Chicago Context in relation to Chicago v. Morales. City of Chicago Police Department Crime Statistics City of Chicago Police Department Home Page Chicago Municipal Code 8-4-015 (1992) Gang-Related Congregations. (a) Whenever a police officer observes a person whom he reasonably believes to be a criminal street gang member loitering in any public place with one or more other persons, he shall order all such persons to disperse and remove themselves from the area. Any person who does not promptly obey such an order is in violation of this section. (b) It shall be an affirmative defense to an alleged violation of this section that no person who was observed loitering was in fact a member of a criminal street gang. (c) As used in this section: (1) “Loiter” means to remain in any one place with no apparent purpose. (2) “Criminal street gang” means any ongoing organization, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more of the criminal acts enumerated in paragraph (3), and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. (3) “Criminal gang activity” means the commission, attempted commission, or solicitation of the following offenses, provided that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members: The following sections of the Criminal Code of 1961: 9-1 (murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-4 (forcible detention), subsection (a)(13) of Section 12-2 (aggravated assault-discharging firearm), 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 12-4.6 (aggravated battery of a senior citizen), 12-6 (intimidation), 12-6.1 (compelling organization membership of persons), 12-11 (home invasion), 12-14 (aggravated criminal sexual assault), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosive or incendiary devices), subsections (a)(6), (a)(7), (a)(9) or (a)(12) of section 24-1 (unlawful use of weapons), 24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the Deparment of Corrections facilities), 24-1.2 (aggravated discharge of a firearm), subsection (d) of Section 25-1 (mob action-violence), 33-1 (bribery), 33A-2 (armed violence); Sections 5, 5.1, 7 or 9 of the Cannabis Control Act where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses); or Sections 401, 401.1, 405, 406.1, 407 or 407.1 of the Illinois Controlled Substances Act (illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses). (4) “Pattern of criminal gang activity” means two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other and at least one such act occurred after the effective date of this section. (5) “Public place” means the public way and any other location open to the public, whether publicly or privately owned. (d) Any person who violates this section is subject to a fine of not less than $100.00 and not more than $500.00 for each offense, or imprisonment for not more than six months, or both.     In addition to or instead of the above penalties, any person who violates this section may be required to perform up to 120 hours of community service, pursuant to Section 1-4-120 of this code. (Added. Coun. J. 6-17-92 p. 18292) >>The Case Home >>Legal Background >>Related Cases >>Interest Groups >>Chicago Context >>Gangs >>Activities/Lessons >>News Accounts >>Related Issues Fall 1999 Summit Home | The Case | Summit | Pilot Classrooms | Discussion | Experts Student Poll | Students Only National Online Youth Summit Home