North Carolina gang law change sparks criticism
New statutes allow prosecutors to label groups as gangs based on clothing, slang, and social media presence, raising concerns about how Black youth are treated under the law.
By Matthew Collins ·
North Carolina prosecutors now have broader tools to charge young people with gang offenses under a new law passed in July 2026. The legislation, known as Jaleeyah’s Law, was enacted in memory of 13-year-old Jaleeyah Tune. While the bill aims to curb youth violence, legal experts argue it expands the state's definition of a gang in ways that may criminalize ordinary cultural expressions.
The core of the controversy centers on House Bill 1173, which amended the North Carolina Criminal Gang Suppression Act. Under the new rules, a group of three or more people can be classified as a gang if they share common attire, customs, or behaviors and engage in criminal activity. Previously, the law required that a group’s primary activity be criminal conduct. That requirement has been removed, giving law enforcement more discretion in identifying criminal organizations.
Specific criteria for identifying gang members have also shifted. The amended statute lists subjective markers that can be used to establish affiliation. These include wearing specific colors or styles of commercial streetwear, using common hand gestures or hip-hop slang, and appearing in social media posts or music videos. Police informants or unnamed reliable sources can also provide evidence of gang membership, a provision that defense attorneys say can lead to aggressive legal escalation for individuals previously charged with minor offenses.
Law enforcement officers are now authorized to testify as expert witnesses regarding gang customs, terminology, and apparel. This role allows officers to interpret cultural signals in court. During a recent presentation by a local Sheriff’s Department, officials discussed traditional Pan-African colors and religious groups like the Black Hebrew Israelites as potential indicators of gang affiliation. Critics argue this approach conflates cultural identity with criminal intent, particularly when officers lack deep cultural knowledge of the communities they police.
The application of these laws has raised questions about consistency across different groups. Violent white supremacist and far-right paramilitary networks, such as the Patriot Front and Proud Boys, often operate with standardized uniforms and organized command structures. However, these groups are frequently prosecuted under individualized political frameworks rather than collective racketeering charges. In contrast, Black teenagers facing gang enhancements often wear oversized apparel and use hand gestures that align with the new statutory definitions.
The impact of these enhancements on sentencing is substantial. Once a gang enhancement is attached to a charge, misdemeanors can be elevated to felonies, and prison terms can jump across multiple classes. Judicial diversion programs, which often help keep juveniles out of adult facilities, are typically wiped out under these provisions. State records indicate that more than 80% of individuals prosecuted under gang suppression provisions in North Carolina are Black or Latino.
The digital footprint of youth is also playing a larger role in these cases. The North Carolina Department of Justice joined nationwide litigation against Meta Platforms, Inc., over its role in addicting young people to social media. Critics question whether the state is punishing youth for behaviors influenced by the same platforms it is suing. The intersection of algorithmic influence and gang designation has prompted calls for a dedicated fund to support digital media literacy and legal defense for families challenging inaccurate designations.
Legal advocates are pushing for specific legislative changes to address these concerns. They seek to codify objective evidentiary standards that prevent prosecutors from relying exclusively on apparel, slang, or passive social media appearances. They also want the law applied uniformly to all violent groups, including white supremacist networks. Additionally, there is a proposal to earmark 25% of the state's consumer settlement recoveries from Meta into a special fund for at-risk youth protection and algorithmic redress.
The law was signed into effect in July 2026, and its provisions are already influencing how cases are charged in North Carolina courts. Defense attorneys warn that the changes alter the landscape for how offenses are prosecuted and how punishment is sought. The debate over the law's scope continues as the state balances its goal of suppressing violent organizations with the need for clear and fair definitions of criminal affiliation.
