Florida Statute 874.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION

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F.S. 874.05

874.05 Causing, encouraging, soliciting, or recruiting criminal gang membership.—

(1)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who commits a second or subsequent violation of this subsection commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 38, ch. 96-388; s. 10, ch. 2008-238; s. 2, ch. 2013-80.

F.S. 874.05 on Google Scholar

F.S. 874.05 on Casetext

Amendments to 874.05

Arrestable Offenses / Crimes under Fla. Stat. 874.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

S874.05 1 - PUBLIC PEACE - RENUMBERED. SEE REC # 7515 - F: T

S874.05 1a - PUBLIC PEACE - RECRUIT ENCOURAGE CRIMINAL GANG 1ST OFFENSE - F: T

S874.05 1b - PUBLIC PEACE - RECRUIT ENCOURAGE CRIMINAL GANG SUBSQ OFF - F: S

S874.05 2 - PUBLIC PEACE - RENUMBERED. SEE REC #S 7516, 7517 AND 7518 - F: S

S874.05 2a - PUBLIC PEACE - RECRUIT ENCOURAGE CRIM GANG 1ST OFF UNDER 13 - F: S

S874.05 2b - PUBLIC PEACE - RECRUIT ENCOURAGE CRIM GANG SUBSQ OFF UNDER 13 - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 874.05

Total Results: 3

Enoch v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-27T00:00:00-07:00

Citation: 95 So. 3d 344, 2012 WL 3047313, 2012 Fla. App. LEXIS 12275

Snippet: convictions and sentences pursuant to sections 874.05(1) and 874.11, Florida Statutes (2009). At issue…committed by criminal gangs. Concluding that section 874.05(1) is constitutional, we affirm the conviction … conviction and sentence on that count. Section 874.05(1), the “gang recruitment” provision, was enacted…INFORMATION The motion to dismiss asserted that sections 874.05(1) and 874.11 are, as a matter of constitutional…challenges require us to determine whether section 874.05(1) and/or section 874.11 violates freedom of speech

Village of El Portal v. City of Miami Shores

Court: Fla. | Date Filed: 1978-05-31T00:53:00-07:00

Citation: 362 So. 2d 275

Snippet: judgment... . 14 Cal. Rptr. at 642-43, 393 P.2d at 874-5. We find the reasoning of the Supreme Court of California

Sullivan v. Richardson

Court: Fla. | Date Filed: 1894-01-14T23:53:00-08:00

Citation: 33 Fla. 1

Snippet: 22 Am. & Eng. Enc. of Law, 843, note 4, and 874-5. Assuming, for the present, that Ramirez had the-power