Florida Statutes

Fla. Stat. § 874.05 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 874.05

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§874.05(1)PUBLIC PEACERENUMBERED. SEE REC # 7515F · 3rd

§874.05(2)PUBLIC PEACERENUMBERED. SEE REC #S 7516, 7517 AND 7518F · 2nd

§874.05(1a)PUBLIC PEACERECRUIT ENCOURAGE CRIMINAL GANG 1ST OFFENSEF · 3rd

§874.05(1b)PUBLIC PEACERECRUIT ENCOURAGE CRIMINAL GANG SUBSQ OFFF · 2nd

§874.05(2a)PUBLIC PEACERECRUIT ENCOURAGE CRIM GANG 1ST OFF UNDER 13F · 2nd

§874.05(2b)PUBLIC PEACERECRUIT ENCOURAGE CRIM GANG SUBSQ OFF UNDER 13F · 1st

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Enoch v. State, 95 So. 3d 344 (Fla. 1st DCA 2012).

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Enoch v. State, 95 So. 3d 344 (Fla. 1st DCA 2012). · cites it 26× “— (1) Except as provided in subsection (2) [which deals with a second or subsequent violation], 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…”

— 874.05(1) — 1 case

Enoch v. State, 95 So. 3d 344 (Fla. 1st DCA 2012). “— (1) Except as provided in subsection (2) [which deals with a second or subsequent violation], 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…”

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