CHAPTER 9. CRIMINAL GANG CONTROL

IC 35-45-9

    

Chapter 9. Criminal Gang Control

IC 35-45-9-1

"Criminal gang" defined

    

Sec. 1. As used in this chapter, "criminal gang" means a group
with at least three (3) members that specifically:

        (1) either:

            (A) promotes, sponsors, or assists in; or

            (B) participates in; or

        (2) requires as a condition of membership or continued
membership;

the commission of a felony or an act that would be a felony if
committed by an adult or the offense of battery (IC 35-42-2-1).

As added by P.L.180-1991, SEC.11. Amended by P.L.140-1994,
SEC.5; P.L.192-2007, SEC.9.

IC 35-45-9-2

"Threatens" defined

    

Sec. 2. As used in this chapter, "threatens" includes a
communication made with the intent to harm a person or the person's
property or any other person or the property of another person.

As added by P.L.180-1991, SEC.11.

IC 35-45-9-3

Participation in criminal gang; offense

    

Sec. 3. A person who knowingly or intentionally actively
participates in a criminal gang commits criminal gang activity, a
Class D felony.

As added by P.L.180-1991, SEC.11.

IC 35-45-9-4

Threats; refusal to join or withdrawal from gang; intimidation
offense

    

Sec. 4. A person who threatens another person because the other
person:

        (1) refuses to join a criminal gang; or

        (2) has withdrawn from a criminal gang;

commits criminal gang intimidation, a Class C felony.

As added by P.L.180-1991, SEC.11.

IC 35-45-9-5

Criminal gang recruitment

    

Sec. 5. (a) Except as provided in subsection (b), an individual who
knowingly or intentionally solicits, recruits, entices, or intimidates
another individual to join a criminal gang commits criminal gang

recruitment, a Class D felony.

    (b) The offense under subsection (a) is a Class C felony if:

        (1) the solicitation, recruitment, enticement, or intimidation
occurs within one thousand (1,000) feet of school property; or

        (2) the individual who is solicited, recruited, enticed, or
intimidated is less than eighteen (18) years of age.

As added by P.L.192-2007, SEC.10.

IC 35-45-9-6

Restitution

    

Sec. 6. In addition to any sentence or fine imposed on a criminal
gang member for committing a felony or misdemeanor, the court
shall order a criminal gang member convicted of a felony or
misdemeanor to make restitution to the victim of the crime under
IC 35-50-5-3.

As added by P.L.192-2007, SEC.11.