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Indiana Code Title 35. Criminal Law and Procedure § 35-45-9-3

Current as of January 02, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-45-9-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-45-9-3/

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