S0075.02I

SB 75 - This act creates a new hazing section, based upon Section 578.360, RSMo, aimed specifically at criminal street gangs.

The term hazing is defined as an intentional act that puts a member or prospective member of a criminal street gang in danger. Such an act would include beating and branding. It also includes forcing a member or prospective to violate a criminal law.

The acts of hazing and endangering the welfare of a child, as defined in Sections 568.045 and 568.050, RSMo, are now included in the definition of "pattern of criminal street gang activity. Any person who knows that a gang member commits the crimes of hazing or endangering the welfare of a child and promotes or assists in the commission of any other felony may be sentenced to jail for up to one year or to a correctional center for up to three years.

The crime of hazing is a Class A misdemeanor or a Class C felony if the hazing puts the victim's life at risk. Consent is not a defense to hazing. This provision is identical to Section 578.365, RSMo, which was passed in HB 160 from 1995.

JAMES KLAHR