IC 35-45-9-3 — Participation in criminal organization; offense
Chapter 9. Criminal Organization Control
Section text
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.
Source: official publisher (2026 edition)