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Ohio Revised Code

Ohio Rev. Code § 2923.41 (2026)

Criminal gang definitions

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Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
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As used in sections 2923.41 to 2923.44 of the Revised Code:

(A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply:

(1) It has as one of its primary activities the commission of one or more of the offenses listed in division (B) of this section.

(2) It has a common name or one or more common, identifying signs, symbols, or colors.

(3) The persons in the organization, association, or group individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(B)(1) "Pattern of criminal gang activity" means, subject to division (B)(2) of this section, that persons in the criminal gang have committed, attempted to commit, conspired to commit, been complicitors in the commission of, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of two or more of any of the following offenses:

(a) A felony or an act committed by a juvenile that would be a felony if committed by an adult;

(b) An offense of violence or an act committed by a juvenile that would be an offense of violence if committed by an adult;

(c) A violation of section 2907.04, 2909.06, 2911.211, 2917.04, 2919.23, or 2919.24 of the Revised Code, section 2921.04 or 2923.16 of the Revised Code, section 2925.03 of the Revised Code if the offense is trafficking in marihuana, or section 2927.12 of the Revised Code.

(2) There is a "pattern of criminal gang activity" if all of the following apply with respect to the offenses that are listed in division (B)(1)(a), (b), or (c) of this section and that persons in the criminal gang committed, attempted to commit, conspired to commit, were in complicity in committing, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in committing:

(a) At least one of the two or more offenses is a felony.

(b) At least one of those two or more offenses occurs on or after January 1, 1999.

(c) The last of those two or more offenses occurs within five years after at least one of those offenses.

(d) The two or more offenses are committed on separate occasions or by two or more persons.

(C) "Criminal conduct" means the commission of, an attempt to commit, a conspiracy to commit, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section or an act that is committed by a juvenile and that would be an offense, an attempt to commit an offense, a conspiracy to commit an offense, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section if committed by an adult.

(D) "Juvenile" means a person who is under eighteen years of age.

(E) "Law enforcement agency" includes, but is not limited to, the state board of pharmacy and the office of a prosecutor.

(F) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
Notes of Decisions
Cited in 47 cases (18 in the last 5 years), 1965–2026 · leading case: State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176.
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State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. · cites it 25× “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Miller, 2012-Ohio-1263. · cites it 17× “R.C. 2923.41 defines the phrase “criminal gang” as well as “pattern of criminal gang activity.”
State v. Nicholson, 2022-Ohio-2037. · cites it 16× “2009 CA 00050, 2010-Ohio-1840 , ¶ 94-99 (trial court did not commit plain error in including kidnapping in the list of acts constituting criminal conduct under R.C. 2923.41 when instructing the jury on the offense of participating in a criminal gang where, based on the evidence…”
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 1st Dist. 2002). · cites it 23× “9 {¶ 9} Although the Tenth Appellate District did not identify the specific language that the defendant had argued was vague, it nonetheless focused on the terms “criminal gang” and “pattern of criminal gang activity” as defined in R.C. 2923.41. 10 The court then relied upon…”
State v. Lathon, 2024-Ohio-5886. · cites it 61× “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
State v. Kyles, 2023-Ohio-489, 209 N.E.3d 120. · cites it 18× “42(A), which provides No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
State v. Smith, 2016-Ohio-5062. · cites it 5× “42 provides that: No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
State v. Bias, 2022-Ohio-4643, 204 N.E.3d 639. · cites it 6× “{¶ 49} R.C. 2923.41(A) defines "criminal gang" and provides: (A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of…”
State v. Glenn-Coulverson, 2017-Ohio-2671, 90 N.E.3d 243. · cites it 4× “" R.C. 2923.41(A)(3). See State v. Johnson, 10th Dist.”
State v. Nicholson, 2022-Ohio-374. · cites it 8× “42(A), which states: No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
State v. Williams, 773 N.E.2d 1107 (Ohio Ct. App. 10th Dist. 2002). · cites it 9× “Appellant contends that the terms in R.C. 2923.41 are so vague that a person could not reasonably understand that the statute prohibited the acts in which she engaged.”
State v. Stewart, 2009-Ohio-3411. · cites it 6× “13-08-18 (A) “Criminal gang” means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of one or more of the offenses listed in division (B) of…”
Show all 47 citing cases →
Ohio Rev. Code § 2923.41(A): 20 cases
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
State v. Bias, 2022-Ohio-4643, 204 N.E.3d 639. “{¶ 49} R.C. 2923.41(A) defines "criminal gang" and provides: (A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of…”
State v. Nicholson, 2022-Ohio-2037. “2009 CA 00050, 2010-Ohio-1840 , ¶ 94-99 (trial court did not commit plain error in including kidnapping in the list of acts constituting criminal conduct under R.C. 2923.41 when instructing the jury on the offense of participating in a criminal gang where, based on the evidence…”
State v. Kyles, 2023-Ohio-489, 209 N.E.3d 120. “42(A), which provides No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
Ohio Rev. Code § 2923.41(A)(1): 3 cases
State v. Miller, 2012-Ohio-1263. “R.C. 2923.41 defines the phrase “criminal gang” as well as “pattern of criminal gang activity.”
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
State v. Yates, 2012-Ohio-919.
Ohio Rev. Code § 2923.41(A)(2): 1 case
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
Ohio Rev. Code § 2923.41(A)(3): 5 cases
State v. Glenn-Coulverson, 2017-Ohio-2671, 90 N.E.3d 243. “" R.C. 2923.41(A)(3). See State v. Johnson, 10th Dist.”
State v. Wade, 2023-Ohio-3490, 225 N.E.3d 428.
State v. Bias, 2022-Ohio-4643, 204 N.E.3d 639. “{¶ 49} R.C. 2923.41(A) defines "criminal gang" and provides: (A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of…”
State v. Kelly, 2018-Ohio-378, 105 N.E.3d 527.
Kelly v. Warden, Pickaway Corr. Inst., No. 2:19-cv-01984 (S.D. Ohio Nov. 26, 2019).
Ohio Rev. Code § 2923.41(B): 13 cases
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 1st Dist. 2002). “9 {¶ 9} Although the Tenth Appellate District did not identify the specific language that the defendant had argued was vague, it nonetheless focused on the terms “criminal gang” and “pattern of criminal gang activity” as defined in R.C. 2923.41. 10 The court then relied upon…”
State v. Kyles, 2023-Ohio-489, 209 N.E.3d 120. “42(A), which provides No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
State v. Miller, 2012-Ohio-1263. “R.C. 2923.41 defines the phrase “criminal gang” as well as “pattern of criminal gang activity.”
Ohio Rev. Code § 2923.41(B)(1): 20 cases
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 1st Dist. 2002). “9 {¶ 9} Although the Tenth Appellate District did not identify the specific language that the defendant had argued was vague, it nonetheless focused on the terms “criminal gang” and “pattern of criminal gang activity” as defined in R.C. 2923.41. 10 The court then relied upon…”
State v. Kyles, 2023-Ohio-489, 209 N.E.3d 120. “42(A), which provides No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
State v. Glenn-Coulverson, 2017-Ohio-2671, 90 N.E.3d 243. “" R.C. 2923.41(A)(3). See State v. Johnson, 10th Dist.”
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
Ohio Rev. Code § 2923.41(B)(1)(a): 9 cases
State v. Nicholson, 2022-Ohio-2037. “2009 CA 00050, 2010-Ohio-1840 , ¶ 94-99 (trial court did not commit plain error in including kidnapping in the list of acts constituting criminal conduct under R.C. 2923.41 when instructing the jury on the offense of participating in a criminal gang where, based on the evidence…”
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Bias, 2022-Ohio-4643, 204 N.E.3d 639. “{¶ 49} R.C. 2923.41(A) defines "criminal gang" and provides: (A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of…”
State v. Miller, 2012-Ohio-1263. “R.C. 2923.41 defines the phrase “criminal gang” as well as “pattern of criminal gang activity.”
State v. Nicholson, 2022-Ohio-374. “42(A), which states: No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
Ohio Rev. Code § 2923.41(B)(1)(b): 2 cases
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
Ohio Rev. Code § 2923.41(B)(1)(c): 4 cases
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
State v. Sutherland, 2022-Ohio-3079.
State v. Bickerstaff, 2011-Ohio-1345.
Ohio Rev. Code § 2923.41(B)(2): 17 cases
State v. Miller, 2012-Ohio-1263. “R.C. 2923.41 defines the phrase “criminal gang” as well as “pattern of criminal gang activity.”
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Roberson, 2017-Ohio-4339.
State v. Kyles, 2023-Ohio-489, 209 N.E.3d 120. “42(A), which provides No person who actively participates in a criminal gang, with knowledge that the criminal gang engages in or has engaged in a pattern of criminal gang activity, shall purposely promote, further, or assist any criminal conduct, as defined in division (C) of…”
State v. Bickerstaff, 2011-Ohio-1345.
Ohio Rev. Code § 2923.41(B)(2)(c): 1 case
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
Ohio Rev. Code § 2923.41(B)(2)(d): 1 case
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
Ohio Rev. Code § 2923.41(C): 20 cases
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “See R.C. 2923.41(A-C). The trial court recognized Detective Stechschulte as an expert in gang related activity in the Allen County area over Wilson’s objection.”
State v. Nicholson, 2022-Ohio-2037. “2009 CA 00050, 2010-Ohio-1840 , ¶ 94-99 (trial court did not commit plain error in including kidnapping in the list of acts constituting criminal conduct under R.C. 2923.41 when instructing the jury on the offense of participating in a criminal gang where, based on the evidence…”
State v. Stallings, 778 N.E.2d 1110 (Ohio Ct. App. 9th Dist. 2002).
State v. Stewart, 2009-Ohio-3411. “13-08-18 (A) “Criminal gang” means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply: (1) It has as one of its primary activities the commission of one or more of the offenses listed in division (B) of…”
State v. Lathon, 2024-Ohio-5886. “The statutory definition of “criminal street gang” in the 1988 STEP Act required an organization, association, or group to have “as one of its primary activities the commission of one or more of [certain enumerated] criminal acts.”
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