Intimidating a minor to remain in a criminal street gang.

(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits intimidating a minor to remain in a criminal street gang if the actor intimidates a minor to prevent the minor from leaving a criminal street gang or ending the minor's affiliation with a criminal street gang. (3) A violation of Subsection (2) is: (a) a class A misdemeanor if the actor is a minor; or (b) a third degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor described in Subsection (2) left or ended the minor's affiliation with a criminal street gang.