Bill would make gang branding illegal
Posted: Thursday, January 31, 2008
PIERRE, S.D. (AP) -- Gangs in Sioux Falls and Rapid City are increasingly resorting to the grisly practice of branding new members, state legislators were told Wednesday.
Minnehaha County prosecutor Bonnie Costain said branding with such things as cigarette lighters, chemicals and heated knives should be made a crime, even if those who are scarred agree to have it done.
The average age of youngsters recruited by the gangs is 11, and many of those kids are being branded as an initiation, she said Wednesday.
"Consent is not a defense," Costain told the House Judiciary Committee, which unanimously endorsed HB1162.
The deputy state's attorney said gangs have long used tattoos to designate membership, but that costs money. She said branding has become more popular because gangs can do it themselves.
Although tattoos can be removed, scars left by branding are permanent, she said.
"If you leave the gang, you'll still have that brand," Costain said. "You'll carry it the rest of your life."
HB1162 now goes to the House floor. It defines branding as making a permanent mark on the skin with heat, cold or chemicals, or cutting or abrading the skin to create a permanent mark or design.
The measure provides a maximum penalty of one year in jail and a $2,000 fine for a first offense. Subsequent convictions could bring up to two years in prison and $4,000 fines.
Minnehaha County prosecutor Bonnie Costain said branding with such things as cigarette lighters, chemicals and heated knives should be made a crime, even if those who are scarred agree to have it done.
The average age of youngsters recruited by the gangs is 11, and many of those kids are being branded as an initiation, she said Wednesday.
"Consent is not a defense," Costain told the House Judiciary Committee, which unanimously endorsed HB1162.
The deputy state's attorney said gangs have long used tattoos to designate membership, but that costs money. She said branding has become more popular because gangs can do it themselves.
Although tattoos can be removed, scars left by branding are permanent, she said.
"If you leave the gang, you'll still have that brand," Costain said. "You'll carry it the rest of your life."
HB1162 now goes to the House floor. It defines branding as making a permanent mark on the skin with heat, cold or chemicals, or cutting or abrading the skin to create a permanent mark or design.
The measure provides a maximum penalty of one year in jail and a $2,000 fine for a first offense. Subsequent convictions could bring up to two years in prison and $4,000 fines.
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JWK wrote on Jan 31, 2008 9:50 PM: