Indiana Code

Ind. Code § 35-45-9-1 (2026)

"Criminal organization"

✓ current as of May 2026
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     Sec. 1. As used in this chapter, "criminal organization" means a formal or informal group with at least three (3) members that specifically:

(1) either:

(A) promotes, sponsors, or assists in;

(B) participates in; or

(C) has as one (1) of its goals; or

(2) requires as a condition of membership or continued membership;

the commission of a felony, an act that would be a felony if committed by an adult, or a battery offense included in IC 35-42-2.

As added by P.L.180-1991, SEC.11. Amended by P.L.140-1994, SEC.5; P.L.192-2007, SEC.9; P.L.25-2016, SEC.21; P.L.65-2016, SEC.35.

 

Notes of Decisions
Cited in 19 cases, 1994–2019 · leading case: Klein v. State, 698 N.E.2d 296 (Ind. 1998).
Klein v. State, 698 N.E.2d 296 (Ind. 1998). · cites it 6× “Ind.Code Ann. § 35-45-9-1 (West 1998). Originally, the statute, which was enacted in 1991, stated: As used in this chapter, “criminal gang” means a group with at least five (5) members that specifically: (1) either (A) promotes, sponsors, or assists in; or (B) participates in;…”
Kelly v. State, 813 N.E.2d 1179 (Ind. Ct. App. 2004). · cites it 4× “" I.C. § 35-45-9-1 (West 1998) defines a "criminal gang" as: [A] group with at least five (5b) 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…”
Kilpatrick v. State, 746 N.E.2d 52 (Ind. 2001). · cites it 2× “See Ind.Code §§ 35-45-9-1, -8. The State presented substantial evidence that Kilpatrick was a member of a *62 gang: an acquaintance testified Kilpatrick was a member of the Vice Lords gang, R.”
Ferrell v. State, 746 N.E.2d 48 (Ind. 2001). · cites it 2× “See Ind.Code §§ 35-45-9-1, -3. At the time of his arrest, photographs were taken of Ferrell showing several tattoos on his arms and chest.”
Moore v. State, 827 N.E.2d 631 (Ind. Ct. App. 2005). · cites it 2× “at 651 (citing Ind.Code §§ 35-45-9-1, -3) (emphasis added).”
Taylor v. State, 76 A.3d 791 (Del. 2013). “1998) (holding amended language in Indiana's criminal gang activity statute, Ind. Code Ann. § 35-45-9-1 , as neither unconstitutionally vague or overbroad); State v.”
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 2002). “147/15; Ind.Code Ann. 35-45-9-1 to 35-45-9-4; Iowa Code Ann.”
Cole v. State, 967 N.E.2d 1044 (Ind. Ct. App. 2012). · cites it 2× “I.C. § 35-45-9-1 (West, Westlaw current through 2011 1st Regular Sess.”
Jackson v. State, 634 N.E.2d 532 (Ind. Ct. App. 1994). “Indiana Code 35-45-9-1 defines "criminal gang" as: a group with at least five (5) members that specifically (1) either: (A) promotes, sponsors or assists in; or (B) participates in; and (2) requires as a condition of membership or continued membership; the commission of a felony…”
G.H. v. State of Indiana, 987 N.E.2d 1164 (Ind. Ct. App. 2013). · cites it 2× “Indiana Code section 35-45-9-1 defines a criminal gang as a group with at least three members that: (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…”
G.R. v. State, 893 N.E.2d 774 (Ind. Ct. App. 2008). · cites it 2× “” 1 Ind.Code § 35-45-9-1 (2004 & Supp.2007) (emphasis added).”
GR v. State, 893 N.E.2d 774 (Ind. Ct. App. 2008). · cites it 2× “" [1] Ind.Code § 35-45-9-1 (2004 & Supp.2007) (emphasis added).”
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