(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.
(2) An actor commits aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if, in the course of committing an offense under Section 76-9-803, the offense:
(a) involves the use of a dangerous weapon;
(b) results in serious bodily injury to any individual; or
(c) results in serious emotional distress to any individual.
(3) A violation of Subsection (2) is:
(a) a third degree felony if the actor is a minor; or
(b) a second 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 did not join the criminal street gang.