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06-25-12 Council Agenda & Packet
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06-25-12 Council Agenda & Packet
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Indiana Code 35-45-9 Pagel of 2 <br /> IC 35-45-9 <br /> Chapter 9. Criminal Gang Control <br /> IC 35-45-9-0.1 <br /> Application of certain amendments to chapter <br /> Sec. 0.1. The amendments made to section 1 of this chapter by P.L.140-1994 apply to crimes <br /> committed after June 30, 1994. <br /> As added by P.L.220-2011, SEC.608. <br /> IC 35-45-9-1 <br /> "Criminal gang" defined <br /> Sec. 1. As used in this chapter, "criminal gang" means a group with at least three(3)members that <br /> specifically: <br /> (1) either: <br /> (A)promotes, sponsors, or assists in; or <br /> (B)participates in; or <br /> (2) requires as a condition of membership or continued membership; <br /> the commission of a felony or an act that would be a felony if committed by an adult or the offense of <br /> battery (IC 35-42-2-1). <br /> As added by P.L.180-1991, SEC 11. Amended by P.L.140-1994, SECS;P.L.192-2007, SECS. <br /> IC 3545-9-2 . <br /> "'Threatens" defined <br /> Sec. 2. As used in this chapter, "threatens" includes a communication made with the intent to harm a <br /> person or the person's property or any other person or the property of another person. <br /> As added by P.L.180-1991, SEC I L <br /> IC 35-45-9-3 <br /> Participation in criminal gang; offense <br /> Sec. 3. A person who knowingly or intentionally actively participates in a criminal gang commits <br /> criminal gang activity, a Class D felony. <br /> As added by P.L.180-1991, SEC IL <br /> IC 35-45-9-4 <br /> Threats; refusal to join or withdrawal from gang; intimidation offense <br /> Sec. 4. A person who threatens another person because the other person: <br /> (1) refuses to join a criminal gang; or <br /> (2) has withdrawn.from a criminal gang; <br /> commits criminal gang intimidation, a Class C felony. <br /> As added by P.L.180-1991, SEC IL <br /> IC 35-45-9-5 <br /> Criminal gang recruitment <br /> Sec. 5. (a) Except as provided in subsection(b), an individual who knowingly or intentionally <br /> solicits, recruits, entices, or intimidates another individual to join a criminal gang commits criminal gang <br /> recruitment, a Class D felony. <br /> (b) The offense under subsection (a) is a Class C felony if'. <br /> (1) the solicitation, recruitment, enticement, or intimidation occurs within one thousand (1,000) feet <br /> of school property; or <br /> (2) the individual who is solicited, recruited, enticed, or intimidated is less than eighteen (18) years <br /> httb://www.in.jzov/leeisl ative/ic/code/title35/ar45/ch9.html 6/20/2012 <br />
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