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.
Terms Used In Indiana Code 35-45-9-3
- criminal organization: means a formal or informal group with at least three (3) members that specifically:
Indiana Code 35-45-9-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: A crime carrying a penalty of more than a year in prison.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
(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.