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has withdrawn from a criminal gang;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.
