(A) 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 section 2923.41 of the Revised Code, or shall purposely commit or engage in any act that constitutes criminal conduct, as defined in division (C) of section 2923.41 of the Revised Code.
(B) Whoever violates this section is guilty of participating in a criminal gang, a felony of the second degree.
(C)(1) Notwithstanding any contrary provision of any section of the Revised Code, the clerk of the court shall pay any fine imposed for a violation of this section pursuant to division (A) of section 2929.18 of the Revised Code to the county, township, municipal corporation, park district, as created pursuant to section 511.18 or 1545.04 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender. However, the clerk shall not pay a fine so imposed to a law enforcement agency unless the agency has adopted a written internal control policy under division (C)(2) of this section that addresses the use of the fine moneys that it receives. Each agency shall use the fines so paid in accordance with the written internal control policy adopted by the recipient agency under division (C)(2) of this section to subsidize the agency's law enforcement efforts that pertain to criminal gangs.
(2)(a) Prior to receiving any fine moneys under division (C)(1) of this section or division (B) of section 2923.44 of the Revised Code, a law enforcement agency shall adopt a written internal control policy that addresses the agency's use and disposition of all fine moneys so received and that provides for the keeping of detailed financial records of the receipts of those fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure. The policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation. All financial records of the receipts of those fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure by an agency are public records open for inspection under section 149.43 of the Revised Code. Additionally, a written internal control policy adopted under division (C)(2)(a) of this section is a public record open for inspection under section 149.43 of the Revised Code, and the agency that adopted the policy shall comply with it.
(b) Each law enforcement agency that receives in any calendar year any fine moneys under division (C)(1) of this section or division (B) of section 2923.44 of the Revised Code shall prepare a report covering the calendar year that cumulates all of the information contained in all of the public financial records kept by the agency pursuant to division (C)(2)(a) of this section for that calendar year and shall send a copy of the cumulative report, no later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general. Each report received by the attorney general is a public record open for inspection under section 149.43 of the Revised Code. Not later than the fifteenth day of April in the calendar year in which the reports are received, the attorney general shall send the president of the senate and the speaker of the house of representatives a written notice that does all of the following:
(i) Indicates that the attorney general has received from law enforcement agencies reports of the type described in division (C)(2)(b) of this section that cover the previous calendar year and indicates that the reports were received under division (C)(2)(b) of this section;
(ii) Indicates that the reports are open for inspection under section 149.43 of the Revised Code;
(iii) Indicates that the attorney general will provide a copy of any or all reports to the president of the senate or the speaker of the house upon request.
(D) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section of the Revised Code, or both sections.
Notes of Decisions
Cited in 67
cases (25 in the last 5 years), 1972–2026 · leading case: State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 2002).
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 2002). · cites it 58ד{¶ 1} Defendants-appellees, Charles Bennett and Anthony Jasper, were indicted on March 21, 2001, for “participating in a criminal gang” in violation of R.C. 2923.42. 1 The state claimed that Bennett and Jasper were members of a gang called “Folk,” which was actively engaged in…”
State v. Stallings, 778 N.E.2d 1110 (Ohio Ct. App. 2002). · cites it 27דAccordingly, R.C. 2923.42 enjoys the presumption of constitutional validity, and the burden lies on defendant to demonstrate its constitutional shortcomings.”
State v. Woodbridge, 791 N.E.2d 1035 (Ohio Ct. App. 2003). · cites it 15ד{¶ 2} Appellant argues that R.C. 2923.42, also known as Ohio’s “criminal gang” statute, violates rights guaranteed him under the First and Fifth Amendments to the United States Constitution because its provisions are both vague and over-broad.”
State v. Miller, 2012 Ohio 1263 (Ohio Ct. App. 2012). · cites it 7דThere also was a great deal of discussion in the court below about R.C. 2923.42’s application because neither the court nor the attorneys were familiar with the gang statute.”
State v. Lathon, 2024 Ohio 5886 (Ohio Ct. App. 2024). · cites it 24דThe indictment charged Lathon and Gardner with: (1) participating in a criminal gang, a second-degree felony in violation of R.C. 2923.42; (2) aggravated riot, a fourth-degree felony in violation of R.”
State v. Smith, 2016 Ohio 5062 (Ohio Ct. App. 2016). · cites it 3ד01; Count 28: participating in a criminal gang, a second degree felony, in violation of R.C. 2923.42; Count 38: trafficking in drugs, a fourth degree felony, in violation of R.”
State v. Nicholson, 2022 Ohio 2037 (Ohio Ct. App. 2022). · cites it 5דParticipating in a Criminal Gang Onaje was also convicted of participating in a criminal gang from on or about August 1, 2018 to June 19, 2019 in violation of R.C. 2923.42(A). R.C. 2923.42(A) states: No person who actively participates in a criminal gang, with knowledge that the…”
State v. Nicholson, 2022 Ohio 374 (Ohio Ct. App. 2022). · cites it 8ד42(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. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). · cites it 3ד1-20-46 {¶26} On August 15, 2019, Wilson was indicted on one count of participating in a criminal gang in violation of R.C. 2923.42(A), a felony of the second degree, with a firearm specification; two counts of felonious assault in violation of R.”
State v. Roberson, 2017 Ohio 4339 (Ohio Ct. App. 2017). · cites it 3דRoberson’s tattoos, admission of membership, admission of socializing with Bee Hive members who live in his old neighborhood, and photo of him throwing a gang sign prove association with the Bee Hive, but not active participation in its activities, which is required for a…”
State v. Gregory, 2020 Ohio 5207 (Ohio Ct. App. 2020). · cites it 6ד{¶ 36} The State was not required to prove that Gregory met the requirements of this crime, nor did the juvenile court need to apply R.C. 2923.42 in order to find that Gregory's acts were committed as part of a gang.”
State v. Stewart, 2009 Ohio 3411 (Ohio Ct. App. 2009). · cites it 4דParticipation in a Criminal Gang is defined by R.C. 2923.42(A) as follows: 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…”
State v. Stallings, 778 N.E.2d 1110 (Ohio Ct. App. 2002). “Accordingly, R.C. 2923.42 enjoys the presumption of constitutional validity, and the burden lies on defendant to demonstrate its constitutional shortcomings.”
State v. Miller, 2012 Ohio 1263 (Ohio Ct. App. 2012). “There also was a great deal of discussion in the court below about R.C. 2923.42’s application because neither the court nor the attorneys were familiar with the gang statute.”
State v. Nicholson, 2022 Ohio 2037 (Ohio Ct. App. 2022). “Participating in a Criminal Gang Onaje was also convicted of participating in a criminal gang from on or about August 1, 2018 to June 19, 2019 in violation of R.C. 2923.42(A). R.C. 2923.42(A) states: No person who actively participates in a criminal gang, with knowledge that the…”
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 2002). “{¶ 1} Defendants-appellees, Charles Bennett and Anthony Jasper, were indicted on March 21, 2001, for “participating in a criminal gang” in violation of R.C. 2923.42. 1 The state claimed that Bennett and Jasper were members of a gang called “Folk,” which was actively engaged in…”
State v. Nicholson, 2022 Ohio 374 (Ohio Ct. App. 2022). “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. Stewart, 2009 Ohio 3411 (Ohio Ct. App. 2009). “Participation in a Criminal Gang is defined by R.C. 2923.42(A) as follows: 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…”
State v. Woodbridge, 791 N.E.2d 1035 (Ohio Ct. App. 2003). “{¶ 2} Appellant argues that R.C. 2923.42, also known as Ohio’s “criminal gang” statute, violates rights guaranteed him under the First and Fifth Amendments to the United States Constitution because its provisions are both vague and over-broad.”
— Ohio Rev. Code § 2923.42(B) — 2 cases
State v. Bennett, 782 N.E.2d 101 (Ohio Ct. App. 2002). “{¶ 1} Defendants-appellees, Charles Bennett and Anthony Jasper, were indicted on March 21, 2001, for “participating in a criminal gang” in violation of R.C. 2923.42. 1 The state claimed that Bennett and Jasper were members of a gang called “Folk,” which was actively engaged in…”
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