(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.