2012 Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 45. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY
CHAPTER 9. CRIMINAL GANG CONTROL
Chapter 9. Criminal Gang Control
IC 35-45-9-0.1
Repealed
(Repealed by P.L.63-2012, SEC.62.)
IC 35-45-9-1
"Criminal gang"
Sec. 1. As used in this chapter, "criminal gang" means a group with at least three (3) members that specifically:
(1) either:
(A) promotes, sponsors, or assists in; or
(B) participates in; or
(2) requires as a condition of membership or continued membership;
the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery (IC 35-42-2-1).
As added by P.L.180-1991, SEC.11. Amended by P.L.140-1994, SEC.5; P.L.192-2007, SEC.9.
IC 35-45-9-2
"Threatens"
Sec. 2. As used in this chapter, "threatens" includes a communication made with the intent to harm a person or the person's property or any other person or the property of another person.
As added by P.L.180-1991, SEC.11.
IC 35-45-9-3
Participation in criminal gang; offense
Sec. 3. A person who knowingly or intentionally actively participates in a criminal gang commits criminal gang activity, a Class D felony.
As added by P.L.180-1991, SEC.11.
IC 35-45-9-4
Threats; refusal to join or withdrawal from gang; intimidation offense
Sec. 4. A person who threatens another person because the other person:
(1) refuses to join a criminal gang; or
(2) has withdrawn from a criminal gang;
commits criminal gang intimidation, a Class C felony.
As added by P.L.180-1991, SEC.11.
IC 35-45-9-5 Criminal gang recruitment
Sec. 5. (a) Except as provided in subsection (b), an individual who knowingly or intentionally solicits, recruits, entices, or intimidates another individual to join a criminal gang commits criminal gang recruitment, a Class D felony.
(b) The offense under subsection (a) is a Class C felony if:
(1) the solicitation, recruitment, enticement, or intimidation occurs within one thousand (1,000) feet of school property; or
(2) the individual who is solicited, recruited, enticed, or intimidated is less than eighteen (18) years of age.
As added by P.L.192-2007, SEC.10.
IC 35-45-9-6
Restitution
Sec. 6. In addition to any sentence or fine imposed on a criminal gang member for committing a felony or misdemeanor, the court shall order a criminal gang member convicted of a felony or misdemeanor to make restitution to the victim of the crime under IC 35-50-5-3.
As added by P.L.192-2007, SEC.11.
