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.
Notes of Decisions
Ruben Rosales v. State of Indiana, 23 N.E.3d 8 (Ind. 2015).
· cites it 4× “Code § 35-41-5-l(a) (2008) (now codified as Ind.Code § 35-41-5-l(a) (effective July 1, 2014)) and Ind.”
Klein v. State, 698 N.E.2d 296 (Ind. 1998).
· cites it 6× “§ 35-42-1-1 (West 1998), criminal gang activity, Ind.Code Ann. § 35-45-9-3 (West 1998), and possession of a sawed-off shotgun, Ind.”
Donnell D. Wilson v. State of Indiana, 30 N.E.3d 1264 (Ind. Ct. App. 2015).
· cites it 4× “” Wilson was convicted of Class D felony conspiracy to commit criminal gang activity under Indiana Code section 35-45-9-3 and received criminal gang enhancements under Indiana Code section 35-50-2-15.”
Jordan Jacobs v. State of Indiana, 76 N.E.3d 846 (Ind. 2017).
· cites it 2× “1998) (finding constitutional Indiana Code section 35-45-9-3 (1998) (“A person who knowingly or intentionally actively participates in a criminal gang commits criminal gang activity, a Class D felony.”
State v. Stallings, 778 N.E.2d 1110 (Ohio Ct. App. 2002).
· cites it 2× “15 (construing Indiana’s Gang Statute, Ind.Code 35-45-9-3, 2 requirement that one “actively participate^] * * * in a group” to require more than mere nominal, inactive, purely technical, or passive membership).”
Robinson v. State, 730 N.E.2d 185 (Ind. Ct. App. 2000).
· cites it 4× “(citing Ind.Code §§ 35-45-9-3 and 35-45-9-1). We agree with Robinson’s assertion that aside from a police- officer’s testimony about the size and illegal activities of the Vice Lords gang and his belief that Robinson was a member, the State presented no substantive evidence of a…”
State Ex Rel. Camden v. Gibson Circuit Court, 640 N.E.2d 696 (Ind. 1994).
· cites it 2× “140, § 1 (providing that the juvenile court does not have jurisdiction over any individual for an alleged violation of Indiana Code § 35-45-9-3 (criminal gang activity), Indiana Code § 35-45-9-4 (criminal gang intimidation), Indiana Code § 35-47-2-1 (carrying a handgun without a…”
Robles v. State, 758 N.E.2d 581 (Ind. Ct. App. 2001).
· cites it 3× “§ 35-45-9-3. 3 . Id. § 7.1-5-1-8. 4 . Id.”
Kelly v. State, 813 N.E.2d 1179 (Ind. Ct. App. 2004).
· cites it 2× “Ind.Code Ann. § 35-45-9-3 (West 1998). 4 .”
Richmond v. State, 685 N.E.2d 54 (Ind. 1997).
· cites it 2× “Rule 404 might potentially apply when the prosecution introduces evidence of a prior conviction under the criminal gang activity statute, Ind.Code Ann. § 35-45-9-3 (West Supp.1996), or when a defendant’s gang membership becomes "the entire theme of the trial,”- thereby raising a…”
Cole v. State, 967 N.E.2d 1044 (Ind. Ct. App. 2012).
· cites it 3× “" See I.C. § 35-45-9-3. A "criminal gang" is defined as follows: [A] group with at least three (8) 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…”
Brent Anthony Dimmitt v. State of Indiana, 25 N.E.3d 203 (Ind. Ct. App. 2015).
· cites it 2× “[11] At the time Dimmitt committed his offenses, Indiana Code section 35-45-9-3 (the “Gang Statute”) stated, “[a] person who knowingly or intentionally actively participates in a criminal gang commits criminal gang activity, a class D felony.”
— Ind. Code § 35-45-9-3(a) — 2 cases
— Ind. Code § 35-45-9-3(c)(1) — 1 case
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