By Jheri Hardaway
Staff Writer
Public safety and gun violence are priorities for a safe and productive North Carolina. In July 2026, the General Assembly enacted House Bill 1173 (Session Law 2026-37), titled "Jaleeyah’s Law," in memory of 13-year-old Jaleeyah Tune. While intended as a measure to curb youth violence and predatory recruitment, a close examination of the amended North Carolina Criminal Gang Suppression Act (N.C.G.S. § 14-50.15 et seq.) reveals a far more troubling reality: a statutory net cast so wide that it threatens to institutionalize the wholesale criminalization of Black youth culture while overlooking other violent gangs all together.
The danger of Jaleeyah’s Law lies not in its stated desire to protect children, but in how it arms prosecutors with unchecked discretion. As defense attorneys at the Vasquez Law Firm recently cautioned, the law significantly "changes how prosecutors charge offenses and seek punishment," warning that individuals accused under these updated statutes face aggressive, systemic legal escalation where "a person previously charged with a minor gang-related offense might now face felony charges carrying longer sentences."
Under the amended § 14-50.16A, lawmakers stripped away previous language requiring a group’s "primary activity" to be criminal conduct before being classified as a gang. Instead, prosecutors need only prove that an association of three or more people shares common attire, customs, or behaviors, and engages in criminal activity. Even more alarming is how the state defines a "criminal gang member." Under § 14-50.16A(4), a young person can be stamped with a gang designation based on subjective cultural markers:
- Wearing specific colors, footwear, or styles of commercial streetwear (§ 14-50.16A(4)(e)).
- Using common hand gestures, artistic symbols, or hip-hop slang (§ 14-50.16A(4)(d), (h)).
- Appearing in social media posts, drill rap music videos, or group photos (§ 14-50.16A(4)(i)).
- Identification by an unnamed "reliable source" or police informant (§ 14-50.16A(4)(b)).
To compound the issue, the newly enacted § 14-50.34 explicitly authorizes law enforcement officers to testify as "expert witnesses" regarding gang customs, terminology, and apparel. When law enforcement lacks cultural competence, routine Black expression becomes criminalized evidence. In a recent presentation hosted by a local Sheriff’s Department sharing insight from the North Carolina Gang Investigators Association, the traditional Pan-African colors—Red, Black, and Green—were discussed as potential gang signifiers, and religious groups like the Black Hebrew Israelites were flagged as "groups to watch." When urban aesthetics, artistic expression, and ordinary neighborhood camaraderie are processed through culturally illiterate intelligence databases like GangNET, the line between an adolescent peer group and a racketeering syndicate vanishes.
There exists a glaring institutional double standard. The selective enforcement of North Carolina’s gang statutes exposes a glaring structural contradiction: the total absence of violent white supremacist and far-right paramilitary networks from the state's gang prosecution narrative. Groups such as Patriot Front, the Proud Boys, and violent sovereign-citizen cells operate with disciplined command hierarchies, standardized uniforms (khakis, distinct polo shirts, gaiters, and face masks), designated insignia, and well-documented records of coordinated violence. Yet our justice system consistently applies an individualized political framework to these groups, dismissing them as "lone wolves" or "political extremists."
Why are organized, heavily armed white supremacist cadres shielded from collective racketeering charges, while Black teenagers standing on a corner wearing oversized apparel and flashing hand gestures find themselves facing Class D and Class F felony enhancements? If North Carolina is committed to suppressing violent criminal organizations, the law must be applied equally, without political or racial favoritism.
Under N.C.G.S. § 15A-1340.16E and § 14-50.22, once a gang enhancement attaches to a charge, misdemeanors are elevated into felonies and prison terms jump across multiple classes. Judicial diversion programs are wiped out, pulling juveniles directly into adult facilities. Across North Carolina, state records reveal that more than 80% of individuals prosecuted under gang suppression provisions are Black or Latino. This pipeline is fueled further by digital algorithms. Recognizing the exploitative nature of these tech companies, North Carolina’s Department of Justice joined nationwide litigation against Meta Platforms, Inc. for addicting and endangering young people. Could the very victims of predatory algorithms be punished for repeating things they see online? Where is the grace for youth learning to navigate the pressures of social media?
We cannot address youth violence by doubling down on mandatory minimums and subjective drag nets. We need legislative action that balances clarity with restorative investment. Our current ask is:
- Codify Objective Evidentiary Standards: Amend N.C.G.S. § 14-50.16A to prohibit prosecutors from relying exclusively on apparel, common slang, passive social media appearances, or uncorroborated informant claims to establish gang affiliation.
- Universal Application Across All Gangs: Legally define and prosecute violent paramilitary groups, organized hate outfits, and white supremacist networks under the same gang enhancement architecture. Demonstrated collective violence against public property should be a consideration.
- Reallocate Meta Settlement Funds: Earmark 25% of the state's consumer settlement recoveries from Meta Platforms into a dedicated At-Risk Youth Protection and Algorithmic Redress Special Fund. Rather than funding specialized gang intelligence squads, these dollars should go directly to community violence interrupters, digital media literacy programs, and dedicated legal defense to help families challenge inaccurate GangNET designations.
True community safety is built on fairness, accountability, and real opportunity—not on statutory traps that convert Black adolescent culture into decades behind bars. Jaleeyah’s Law is necessary, but so is clarification on what defines a gang and a gang member.
