2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 45. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY CHAPTER 9. CRIMINAL GANG CONTROL
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IC 35-45-9
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Repealed
(Repealed by P.L.63-2012, SEC.62.)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) As used in this section, "benefit, promote, or further the
interests of a criminal gang" means to commit a felony or
misdemeanor that would cause a reasonable person to believe results
in:
(1) a benefit to a criminal gang;
(2) the promotion of a criminal gang; or
(3) furthering the interests of a criminal gang.
(b) As used in this section, "purpose of increasing a person's own
standing or position within a criminal gang" means committing a
felony or misdemeanor that would cause a reasonable person to
believe results in increasing the person's standing or position within
a criminal gang.
(c) A person who knowingly or intentionally commits an act:
(1) with the intent to benefit, promote, or further the interests of
a criminal gang; or
(2) for the purpose of increasing the person's own standing or
position within a criminal gang;
commits criminal gang activity, a Level 6 felony.
(d) In determining whether a person committed an offense under
this section, the trier of fact may consider a person's association with
a criminal gang, including, but not limited to:
(1) an admission of criminal gang membership by the person;
(2) a statement by:
(A) a member of the person's family;
(B) the person's guardian; or
(C) a reliable member of the criminal gang;
stating the person is a member of a criminal gang;
(3) the person having tattoos identifying the person as a member
of a criminal gang;
(4) the person having a style of dress that is particular to
members of a criminal gang;
(5) the person associating with one (1) or more members of a
criminal gang;
(6) physical evidence indicating the person is a member of a
criminal gang;
(7) an observation of the person in the company of a known
criminal gang member on multiple occasions; and
(8) communications authored by the person indicating criminal
gang membership.
As added by P.L.180-1991, SEC.11. Amended by P.L.158-2013,
SEC.538.
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;
(2) has withdrawn from a criminal gang; or
(3) wishes to withdraw from a criminal gang;
commits criminal gang intimidation, a Level 5 felony.
As added by P.L.180-1991, SEC.11. Amended by P.L.158-2013,
SEC.539.
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 or remain in a criminal
gang commits criminal gang recruitment, a Level 6 felony.
(b) The offense under subsection (a) is a Level 5 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. Amended by P.L.158-2013,
SEC.540.
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.
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