Section 35-45-9-3 - Participation in criminal organization; offense(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.Amended by P.L. 25-2016, SEC. 22, eff. 7/1/2016.Amended by P.L. 158-2013, SEC. 538, eff. 7/1/2014.As added by P.L. 180-1991, SEC.11.