Indiana § 35-45-9-3 Participation in criminal organization; offense

Indiana Statutes

§ 35-45-9-3 — Participation in criminal organization; offense

Indiana § 35-45-9-3

Art. 45OFFENSES AGAINST PUBLIC HEALTH, ORDER,

Ch. 9Criminal Organization Control

This text of Indiana § 35-45-9-3 (Participation in criminal organization; offense) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-45-9-3 (2026).

Text

(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

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(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.