MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 4904
Participating in Streetgang Activity
[Name of defendant] is charged in count ___ with participating in streetgang activity.
If you find beyond a reasonable doubt from the evidence in this case that:
1. On or about [date of alleged crime], in __________ County;
2. [Name of defendant] intentionally and unlawfully
[directed/participated/conducted/furthered/assisted] in committing illegal streetgang activity by
committing _____________ [specify underlying offense]:
A. [Elements of crime];
B. [Elements of crime]; and
C. [Elements of crime],
intending to:
A. Increase the streetgang's size, membership, prestige, dominance, or control in a
geographical area; or
B. [Exact/Get] revenge or retribution for the streetgang or a member of the streetgang; or
C. Provide the streetgang with an advantage in, control of, or dominance over a criminal
market, including the unlawful manufacture, delivery, possession, or sale of controlled
substances; arson; [sale/traffic] of stolen property or stolen credit cards; prostitution;
obscenity; pornography; robbery; armed robbery; burglary; or larceny; or
D. Obstruct justice, or intimidate or [eliminate/kill] a witness against the streetgang or a
member of the streetgang; or
E. Cause [a/an] [benefit/aggrandizement/gain/profit/advantage] to or for the streetgang,
its reputation, influence, or membership,
then you shall find [name of defendant] guilty as charged.
If the State did not prove any one of the above listed elements beyond a reasonable doubt,
then you shall find [name of defendant] not guilty of count _____.
Definition(s) in this Instruction:
In this instruction, “streetgang” means a group of three (3) or more people, with an
established order, who agree to and commit criminal activity.
In this instruction, “streetgang related activity” or “gang related activity” means any
criminal activity designed to (1) increase a streetgang's membership or control in a geographical
area; (2) get revenge for the streetgang or for a streetgang member; (3) provide the streetgang
with an advantage or control over a criminal market for controlled substances, the sale of stolen
property or stolen credit cards, prostitution, arson, robbery, armed robbery, burglary, or larceny;
(4) obstruct justice or intimidate or kill a witness against a streetgang or streetgang member; or
(5) cause a benefit, gain, or profit for the streetgang or its membership.
History
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 4904 (current as of June 30, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
238d11d4e2ab43fab08f0da9ef876ee5f9b336032aabb70eb34e507e37505a34
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