Indiana § 35-45-9-3 - Participation in criminal organization; offense

§ 35-45-9-3. Participation in criminal organization; offense

Sec. 3. (a) As used in this section, "benefit, promote, or further the interests of a criminal organization" means to commit a felony or misdemeanor that would cause a reasonable person to believe results in:

(1) a benefit to a criminal organization or a member of a criminal organization;

(2) the promotion of a criminal organization; or

(3) furthering the interests of a criminal organization.

(b) As used in this section, "purpose of increasing a person's own standing or position within a criminal organization" 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 organization.

(c) A person who knowingly or intentionally commits an offense:

(1) with the intent to benefit, promote, or further the interests of a criminal organization; or

(2) for the purpose of increasing the person's own standing or position within a criminal organization;

commits criminal organization activity, a Level 6 felony. However, the offense is a Level 5 felony if the offense involves, directly or indirectly, the unlawful use of a firearm (including assisting a criminal (IC 35-44.1-2-5) if the offense committed by the person assisted involves the unlawful use of a firearm).

(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 organization, including:

(1) an admission of criminal organization 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 organization;

stating the person is a member of a criminal organization;

(3) the person having tattoos identifying the person as a member of a criminal organization;

(4) the person having a style of dress that is particular to members of a criminal organization;

(5) the person associating with one (1) or more members of a criminal organization;

(6) physical evidence indicating the person is a member of a criminal organization;

(7) an observation of the person in the company of a known criminal organization member on at least three (3) occasions;

(8) communications authored by the person indicating criminal organization membership, promotion of the membership in a criminal organization, or responsibility for an offense committed by a criminal organization;

(9) the person's use of the hand signs of a criminal organization; and

(10) the person's involvement in recruiting criminal organization members.

As added by P.L.180-1991, SEC.11. Amended by P.L.158-2013, SEC.538; P.L.25-2016, SEC.22.