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

Indiana Statutes

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

Indiana·Art. 45 OFFENSES AGAINST PUBLIC HEALTH, ORDER,·Ch. 9 Criminal Organization Control

(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.

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