What Is A Gang

A youth gang is defined as the association of 3 or more persons who identify with a common symbol, name or sign; and who engage in criminal activity.

However, the Indiana Criminal Code 1998 defines a gang as:

 

 

35-45-9-1  "Criminal gang" defined:

..."criminal gang means a group with at least five(5) members that specifically:

(1) either: (A) promotes, sponsors, or assists in; or

(B) participates in; and

(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.

 

These felony acts include (but are not limited to):

a. Homicide / Manslaughter

b. Sale or Possession of Narcotics

c. Witness Intimidation

d. Robbery

e. Criminal Recklessness (i.e. Drive-By Shooting, Stabbing)

f. Burglary

g. Arson

 

 

35-45-9-2  "Threatens" defined

[As used in this context], "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.

 

 

35-45-9-3 Criminal gang activity.

A person who knowingly or intentionally actively participates in a criminal gang

commits criminal gang activity, a Class D felony.

 

 

35-45-9-4 Criminal gang intimidation.

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(2) has withdrawn from a criminal gang;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 gang intimidation, a Class C felony.

 

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