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Florida Statute 874.05 - Full Text and Legal Analysis
Florida Statute 874.05 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 874.05 Case Law from Google Scholar Google Search for Amendments to 874.05

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION
View Entire Chapter
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 CourtListener

Amendments to 874.05


Annotations, Discussions, Cases:

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

Cases Citing Statute 874.05

Total Results: 1

Enoch v. State

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

District Court of Appeal of Florida | Filed: Jul 27, 2012 | Docket: 60311191

Published

committed by criminal gangs. Concluding that section 874.05(1) is constitutional, we affirm the conviction