Gang-Related Legislation by State Index

Indiana

Carjacking (view all states for this subject)

Indiana § 31-30-1-4. Juvenile Court Lacks Jurisdiction Over Individuals at Least 16 Years Old Committing Certain Felonies; Retention of Jurisdiction by Court Having Adult Criminal Jurisdiction [Effective July 1, 2014]

(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:

(7) IC 35-42-5-2 (carjacking)(repealed);

(8) IC 35-45-9-3 (criminal gang activity);

(9) IC 35-45-9-4 (criminal gang intimidation);

Indiana § 35-42-5-2. Carjacking. (Repealed July 1, 2014)

A person who knowingly or intentionally takes a motor vehicle from another person or from the presence of another person:

(1) By using or threatening the use of force on any person; or

(2) By putting any person in fear;

commits carjacking, a Class B felony.

Indiana § 35-50-2-9. Death Sentence; Life Imprisonment Without Parole [Effective July 1, 2014]

(a) The state may seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one (1) of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one (1) of the aggravating circumstances alleged. However, the state may not proceed against a defendant under this section if a court determines at a pretrial hearing under IC 35-36-9 that the defendant is an individual with mental retardation.

(b) The aggravating circumstances are as follows:

(1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:

(H) Carjacking (IC 35-42-5-2) (repealed).

(I) Criminal gang activity (IC 35-45-9-3).

Curfew (view all states for this subject)

Indiana § 31-37-3-2. Children Fifteen through Seventeen Years of Age

(a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:

(1) between 1 a.m. and 5 a.m. on Saturday or Sunday;

(2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or

(3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.

(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:

(1) the child has violated this section; and

(2) there is no legal defense to the violation.

Indiana § 31-37-3-3. Child Less than Fifteen Years of Age

(a) It is a curfew violation for a child less than fifteen (15) years of age to be in a public place after 11 p.m. or before 5 a.m. on any day.

(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:

(1) the child has violated this section; and

(2) there is no legal defense to the violation.

Enhanced Penalties—Sentencing (view all states for this subject)

Indiana § 35-50-2-9. Death Sentence; Life Imprisonment Without Parole [Effective July 1, 2014]

(a) The state may seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one (1) of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one (1) of the aggravating circumstances alleged. However, the state may not proceed against a defendant under this section if a court determines at a pretrial hearing under IC 35-36-9 that the defendant is an individual with mental retardation.

(b) The aggravating circumstances are as follows:

(1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:

(H) Carjacking (IC 35-42-5-2) (repealed).

(I) Criminal gang activity (IC 35-45-9-3).

Indiana § 35-50-2-15. Criminal Gangs; Felony Sentencing; Expert Testimony [Effective July 1, 2014]

(a) This section does not apply to an individual who is convicted of a felony offense under IC 35-45-9-3.

(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person:

(1) knowingly or intentionally was a member of a criminal gang while committing the offense; and

(2) committed the felony offense:

(A) at the direction of or in affiliation with a criminal gang; or

(B) with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing the person's own standing or position with a criminal gang.

(c) If the person is convicted of the felony offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.

(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally was a member of a criminal gang while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal gang as described in subsection (b), the court shall:

(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying felony, if the person is sentenced for only one (1) felony; or

(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies, if the person is being sentenced for more than one (1) felony.

(e) A sentence imposed under this section shall run consecutively to the underlying sentence.

(f) A term of imprisonment imposed under this section may not be suspended.

(g) For purposes of subsection (c), evidence that a person was a member of a criminal gang or committed a felony at the direction of or in affiliation with a criminal gang may include the following:

(1) An admission of criminal gang 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 gang;

stating the person is a member of a criminal gang.

(3) The person having tattoos identifying the person as a member of a criminal gang.

(4) The person having a style of dress that is particular to members of a criminal gang.

(5) The person associating with one (1) or more members of a criminal gang.

(6) Physical evidence indicating the person is a member of a criminal gang.

(7) An observation of the person in the company of a known criminal gang member on multiple occasions.

(8) Communications authored by the person indicating criminal gang membership.

Expert Testimony (view all states for this subject)

Indiana § 35-50-2-15. Criminal Gangs; Felony Sentencing; Expert Testimony [Effective July 1, 2014]

(a) This section does not apply to an individual who is convicted of a felony offense under IC 35-45-9-3.

(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person:

(1) knowingly or intentionally was a member of a criminal gang while committing the offense; and

(2) committed the felony offense:

(A) at the direction of or in affiliation with a criminal gang; or

(B) with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing the person's own standing or position with a criminal gang.

(c) If the person is convicted of the felony offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.

(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally was a member of a criminal gang while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal gang as described in subsection (b), the court shall:

(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying felony, if the person is sentenced for only one (1) felony; or

(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies, if the person is being sentenced for more than one (1) felony.

(e) A sentence imposed under this section shall run consecutively to the underlying sentence.

(f) A term of imprisonment imposed under this section may not be suspended.

(g) For purposes of subsection (c), evidence that a person was a member of a criminal gang or committed a felony at the direction of or in affiliation with a criminal gang may include the following:

(1) An admission of criminal gang 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 gang;

stating the person is a member of a criminal gang.

(3) The person having tattoos identifying the person as a member of a criminal gang.

(4) The person having a style of dress that is particular to members of a criminal gang.

(5) The person associating with one (1) or more members of a criminal gang.

(6) Physical evidence indicating the person is a member of a criminal gang.

(7) An observation of the person in the company of a known criminal gang member on multiple occasions.

(8) Communications authored by the person indicating criminal gang membership.

Gang Participation (view all states for this subject)

Indiana § 31-30-1-4. Juvenile Court Lacks Jurisdiction Over Individuals at Least 16 Years Old Committing Certain Felonies; Retention of Jurisdiction by Court Having Adult Criminal Jurisdiction [Effective July 1, 2014]

(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:

(7) IC 35-42-5-2 (carjacking)(repealed);

(8) IC 35-45-9-3 (criminal gang activity);

(9) IC 35-45-9-4 (criminal gang intimidation);

Indiana § 35-45-9-3. Benefit, Promote, or Further the Interests of a Gang, “Purpose of Increasing a Person’s Own Standing or Position Within a Criminal Gang” Defined [Effective July, 2014]

(a) As used in this section, “benefit, promote, or further the interests of a criminal gang” means to commit a felony or misdemeanor that would cause a reasonable person to believe results in:

(1) a benefit to a criminal gang;

(2) the promotion of a criminal gang; or

(3) furthering the interests of a criminal gang.

(b) As used in this section, “purpose of increasing a person's own standing or position within a criminal gang” 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 gang.

(c) A person who knowingly or intentionally commits an act:

(1) with the intent to benefit, promote, or further the interests of a criminal gang; or

(2) for the purpose of increasing the person's own standing or position within a criminal gang;
commits criminal gang activity, a Level 6
felony.

(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 gang, including, but not limited to:

(1) an admission of criminal gang 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 gang;
stating the person is a member of a criminal gang;

(3) the person having tattoos identifying the person as a member of a criminal gang;

(4) the person having a style of dress that is particular to members of a criminal gang;

(5) the person associating with one (1) or more members of a criminal gang;

(6) physical evidence indicating the person is a member of a criminal gang;

(7) an observation of the person in the company of a known criminal gang member on multiple occasions; and

(8) communications authored by the person indicating criminal gang membership.

Gang Prevention (view all states for this subject)

Indiana § 20-20-30-1. "Anti-Gang Counseling" Defined. (Repealed)

As used in this chapter, "anti-gang counseling" refers to efforts described under section 8 [IC 20-20-30-8] of this chapter that are designed to discourage students from the following:

(1) Becoming members of criminal gangs.

(2) Engaging in criminal gang activity.

Indiana § 20-20-30-9. Establishment and Administration of Fund (Repealed)

(a) The anti-gang counseling pilot program fund is established to provide grants to participating school corporations to establish and operate the school corporation's pilot project.

(b) The department shall administer the fund.

(c) The expenses of administering the fund shall be paid from money in the fund.

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

Indiana § 20-20-30-12. Reports (Repealed)

(a) By June 1 of each school year, each participating school corporation shall submit to the department a written report, on forms developed by the department, outlining the activities undertaken as part of the school corporation's pilot project.

(b) By November 1 of each year, the department shall submit a comprehensive report to the governor and the general assembly on the pilot program, including the department's conclusions and recommendations with regard to the impact that the pilot program has made on decreasing criminal gang activity in Indiana. A report submitted under this subsection to the general assembly must be in an electronic format under IC 5-14-6.

Gang Recruitment, Threats, Intimidation (view all states for this subject)

Indiana § 35-45-9-4. Threats; Refusal to Join or Withdraw From Gang; Intimidation Offense [Effective July 1, 2014]

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;

(3) wishes to withdraw from a criminal gang; commits criminal gang intimidation, a Level 5 felony.

Indiana § 35-45-9-5. Criminal Gang Recruitment [Effective July 1, 2014]

(a) Except as provided in subsection (b), an individual who knowingly or intentionally solicits, recruits, entices, or intimidates another individual to join a criminal gang or remain in a criminal gang commits criminal gang recruitment, a Level 6 felony.

(b) The offense under subsection (a) is a Level 5 felony if:

(1) the solicitation, recruitment, enticement, or intimidation occurs within one thousand (1,000) feet of school property; or

(2) the individual who is solicited, recruited, enticed, or intimidated is less than (18) years of age.

Gang-Related Definitions (view all states for this subject)

Indiana § 20-20-30-6. “Pilot Project” Defined (Repealed)

As used in this chapter, “pilot project” refers to an anti-gang counseling pilot project authorized under section 8 of this chapter.

Indiana § 34-6-2-6. Aggrieved Person.

"Aggrieved person," for purposes of IC 34-24-2, means any of the following:

(1) A person who has an interest in property or in an enterprise that:

(A) is the object of corrupt business influence (IC 35-45-6-2); or

(B) has suffered damages or harm as a result of corrupt business influence (IC 35-45-6-2).

(2) An individual whose personal safety is threatened by criminal gang (as defined in section 32 [IC 34-6-2-32] of this chapter) activity.

(3) An individual or a business whose property value or business activity is negatively affected due to criminal gang (as defined in section 32 of this chapter) activity.

(4) A political subdivision in which criminal gang (as defined in section 32 of this chapter) activity negatively affects the property values or business activity of the political subdivision or the personal safety of the political subdivision's residents.

(5) The state.

Indiana § 35-31.5-2-27.4. “Benefit, Promote, or Further the Interests of a Criminal Gang” [Effective July 1, 2014]

“Benefit, promote, or further the interests of a criminal gang”, for purposes of IC 35-45-9-3, has the meaning set forth in IC 35-45-9-3(a).

Indiana § 35-31.5-2-264.5. “Purpose of Increasing a Person’s Own Standing or Position Within a Criminal Gang” [Effective July 1, 2014]

“Purpose of increasing a person's own standing or position within a criminal gang”, for purposes of IC 35-45-9-3, has the meaning set forth in IC 35-45-9-3(b).

Indiana § 35-45-9-1. "Criminal Gang" Defined

As used in this chapter, "criminal gang" means a group with at least three (3) members that specifically:

(1) either:

(A) promotes, sponsors, or assists in; or

(B) participates in; or

(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 (IC 35-42-2-1).

Indiana § 35-50-2-1.4. "Criminal Gang" Defined.

For purposes of section 15 of this chapter, "criminal gang" means a group with at least three members that specifically:

(1) Either:

(A) Promotes, sponsors, or assists in; or

(B) Participates in; or

(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 (IC 35-42-2-1).

Gang-Related Funding (view all states for this subject)

Indiana § 5-2-6-22. Gang Crime Witness Protection Fund Established.

(a) The gang crime witness protection fund is established. The institute shall administer the fund.

(b) The fund consists of:

(1) Money identified and obtained by the institute under subsection (d);

(2) Appropriations made to the fund by the general assembly; and

(3) Grants, gifts, and donations to the fund.

(c) The institute shall use money in the fund for costs described in section 21(b) [IC 5-2-6-21(b)] of this chapter.

(d) The institute shall identify and obtain grants and other funds that can be used to fund the gang crime witness protection program under section 21 [IC 5-2-6-21] of this chapter.

(e) Money in the gang crime witness protection fund at the end of a state fiscal year does not revert to the state general fund.

Indiana § 20-20-30-9. Establishment and Administration of Fund (Repealed)

(a) The anti-gang counseling pilot program fund is established to provide grants to participating school corporations to establish and operate the school corporation's pilot project.

(b) The department shall administer the fund.

(c) The expenses of administering the fund shall be paid from money in the fund.

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

Gang Witnesses/Victims (view all states for this subject)

Indiana § 5-2-6-21. Gang Crime Witness Protection Program

(a) The gang crime witness protection program is established.

(b) The gang crime witness protection program shall be developed and maintained to assist witnesses of gang crimes with:

(1) Temporary living costs;

(2) Moving expenses;

(3) Rent;

(4) Security deposits; and

(5) Other appropriate expenses of relocation or transitional housing.

(c) The institute shall develop and maintain procedures to award funds for the purposes described in subsection (b) to an individual who witnesses a gang crime.

Indiana § 5-2-6-22. Gang Crime Witness Protection Fund Established.

(a) The gang crime witness protection fund is established. The institute shall administer the fund.

(b) The fund consists of:

(1) Money identified and obtained by the institute under subsection (d);

(2) Appropriations made to the fund by the general assembly; and

(3) Grants, gifts, and donations to the fund.

(c) The institute shall use money in the fund for costs described in section 21(b) [IC 5-2-6-21(b)] of this chapter.

(d) The institute shall identify and obtain grants and other funds that can be used to fund the gang crime witness protection program under section 21 [IC 5-2-6-21] of this chapter.

(e) Money in the gang crime witness protection fund at the end of a state fiscal year does not revert to the state general fund.

Indiana § 35-45-9-6. Restitution to Victim.

In addition to any sentence or fine imposed on a criminal gang member for committing a felony or misdemeanor, the court shall order a criminal gang member convicted of a felony or misdemeanor to make restitution to the victim of the crime under IC 35-50-5-3.

Gangs and Schools (view all states for this subject)

Indiana § 5-2-10.1-2 Purpose and Composition of Fund; Grant Priorities and Amounts

(a) The Indiana safe schools fund is established to do the following:

(1) Promote school safety through the:

(A) use of dogs trained to detect drugs and illegal substances; and

(B) purchase of other equipment and materials used to enhance the safety of schools.

(2) Combat truancy.

(3) Provide matching grants to schools for school safe haven programs.

(4) Provide grants for school safety and safety plans.

(5) Provide educational outreach and training to school personnel concerning:

(A) the identification of;

(B) the prevention of; and

(C) intervention in;

bullying.

(6) Provide educational outreach to school personnel and training to school safety specialists and school resource officers concerning:

(A) the identification of;

(B) the prevention of; and

(C) intervention in;

criminal gang activities.

(b) The fund consists of amounts deposited:
(1) under IC 33-37-9-4; and

(2) from any other public or private source.

(c) The institute shall determine grant recipients from the fund with a priority on awarding grants in the following order:

(1) A grant for a safety plan.

(2) A safe haven grant requested under section 10 of this chapter.

(3) A safe haven grant requested under section 7 of this chapter.

(d) Upon recommendation of the council, the institute shall establish a method for determining the maximum amount a grant recipient may receive under this section.

Indiana § 5-2-10.1-11. School Safety Specialist Training and Certification Program

(a) The school safety specialist training and certification program is established.

(b) The school safety specialist training program shall provide:

(1) annual training sessions, which may be conducted through distance learning or at regional centers; and

(2) information concerning best practices and available resources;

for school safety specialists and county school safety commissions.

(c) The department of education shall do the following:

(1) Assemble an advisory group of school safety specialists from around the state to make recommendations concerning the curriculum and standards for school safety specialist training.

(2) Develop an appropriate curriculum and the standards for the school safety specialist training and certification program. The department of education may consult with national school safety experts in developing the curriculum and standards. The curriculum developed under this subdivision must include training in:

(A) identifying, preventing, and intervening in bullying; and

(B) identifying, preventing, and intervening in criminal gang activity.

(3) Administer the school safety specialist training program and notify the institute of candidates for certification who have successfully completed the training program.

(d) The institute shall do the following:

(1) Establish a school safety specialist certificate.

(2) Review the qualifications of each candidate for certification named by the department of education.

(3) Present a certificate to each school safety specialist that the institute determines to be eligible for certification.

Indiana § 5-2-10.1-12. Safe School Committee; Purpose; Copy of School Floor Plans

(a) Each school within a school corporation shall establish a safe school committee. The committee may be a subcommittee of the committee that develops the strategic and continuous school improvement and achievement plan under IC 20-31-5.

(b) The department of education, the school corporation's school safety specialist, and, upon request, a school resource officer (as described in IC 20-26-18.2-1) shall provide materials and guidelines to assist a safe school committee in developing a plan and policy for the school that addresses the following issues:

(1) Unsafe conditions, crime prevention, school violence, bullying, criminal gang activity, and other issues that prevent the maintenance of a safe school.

(2) Professional development needs for faculty and staff to implement methods that decrease problems identified under subdivision (1).

(3) Methods to encourage:

(A) involvement by the community and students;

(B) development of relationships between students and school faculty and staff; and

(C) use of problem solving teams.

Indiana § 20-18-2-2.8. “Criminal Gang”

“Criminal gang” has the meaning set forth in IC 35-45-9-1.

Indiana § 20-19-3-12. Collaboration to Develop and Make Available Model Educational Materials and Policies to Address Criminal Gang Activity in Schools

(a) The department, in collaboration with the Indiana criminal justice institute, the department of child services, the center for evaluation and education policy at Indiana University, the state police department, and any organization that has expertise in providing criminal gang education, prevention, or intervention that the department determines to be appropriate, shall:

(1) identify or develop evidence based model educational materials on criminal gang activity; and

(2) develop and maintain a model policy to address criminal gangs and criminal gang activity in schools.

(b) Not later than July 1, 2015, the department shall make the model policy developed under subsection (a)(2) available to assist schools in the development and implementation of a criminal gang policy for the schools' school corporations under IC 20-26-18.

(c) The model educational materials on criminal gang activity identified or developed under subsection (a)(1) must include information:

(1) to educate students and parents on the extent to which criminal gang activity exists;

(2) regarding the negative societal impact that criminal gangs have on the community;

(3) on methods to discourage participation in criminal gangs; and

(4) on methods of providing intervention to a child suspected of participating in criminal gang activity.

(d) The model criminal gang policy developed under subsection (a)(2) must include:

(1) a statement prohibiting criminal gang activity in schools;
(2) a statement prohibiting reprisal or retaliation against an individual who reports suspected criminal gang activity;

(3) definitions of “criminal gang” as set forth in IC 35-45-9-1 and “criminal gang activity”;
(4) model procedures for:

(A) reporting suspected criminal gang activity; and

(B) the prompt investigation of suspected criminal gang activity;

(5) information about the types of support services, including family support services, available for a student suspected of participating in criminal gang activity; and

(6) recommendations concerning criminal gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.

Indiana § 20-20-30-8. Establishment of Pilot Projects; Purpose (Repealed)

The department shall establish the anti-gang counseling pilot program to provide financial assistance to participating school corporations to establish pilot projects designed to do the following:

(1) Educate students and parents:

(A) of the extent to which criminal gang activity exists in the school corporation's community;

(B) on the negative societal impact that criminal gangs have on the community; and

(C) on methods to discourage participation in criminal gangs.

(2) Encourage the use of community resources not directly affiliated with the school corporation, including law enforcement officials, to participate in the particular pilot project.

(3) Enable the participating school corporations on a case-by-case basis and with the prior written approval of the student's parent to contract with community mental health centers to provide appropriate anti-gang counseling to a student identified by the student's school guidance counselor as being at risk of becoming a member of a criminal gang or at risk of engaging in criminal gang activity.

Indiana § 20-26-18-1. Application of Chapter

This chapter applies to every school corporation and to a school city to which IC 20-25 applies.

Indiana § 20-26-18-2. Establishment of Written Policy to Address Criminal Gangs and Criminal Gang Activity in Schools; Requirements

(a) Not later than June 1, 2016, the governing body of each school corporation shall establish a written policy to address criminal gangs and criminal gang activity in schools. The governing body of a school corporation shall develop the policy in consultation with:

(1) parents;

(2) school employees;

(3) local law enforcement officials;

(4) the county prosecuting attorney;

(5) the county public defender;

(6) organizations that have expertise in criminal gang education, prevention, or intervention;

(7) a juvenile court judge;

(8) a school behavioral health or community mental health professional; and

(9) any other person or entity the governing body of the school corporation determines to be appropriate.

(b) The policy must meet all the requirements for the department's model criminal gang policy set forth in IC 20-19-3-12(d).

(c) Not later than September 1, 2016, each school corporation shall submit a copy of its criminal gang policy to the department.

Indiana § 20-26-18-3. Posting of Criminal Gang Policy

A school corporation shall put a copy of the school corporation's criminal gang policy established under section 2 of this chapter:

(1) on its Internet web site;

(2) in school student handbooks; and

(3) in any location the school corporation determines to be appropriate.

Indiana § 20-26-18-4. Educational Programs to Address Criminal Gang Activity

A school corporation shall establish the following educational programs in its efforts to address criminal gang activity:

(1) An evidence based educational criminal gang awareness program for students, school employees, and parents.

(2) A school employee development program to provide training to school employees in the implementation of the criminal gang policy established under section 2 of this chapter.

Indiana § 20-26-18-5. Establishment of Program to Provide Criminal Gang Intervention Services to Students

To foster the continuing coordination of gang prevention, intervention, and suppression efforts, the governing body of a school corporation may establish a program to provide criminal gang intervention services to students. If a school corporation chooses to develop a program under this section, the governing body shall establish an advisory committee that includes the following members:

(1) Parents.

(2) School employees.

(3) Local law enforcement officials.

(4) The county prosecuting attorney.

(5) The county public defender.

(6) A juvenile court judge.

(7) A school behavioral health or community mental health professional.

(8) Representatives of organizations that have expertise in criminal gang education, prevention, or intervention.

(9) Any other person or entity the governing body determines is appropriate.

Indiana § 20-26-18-6. Reports

(a) Not later than June 1, 2017, and before June 2 of each year thereafter, each school corporation shall submit to the department a written report, on forms developed by the department, outlining the activities undertaken as part of the school corporation's compliance with this chapter. The report must include school based data to monitor for disproportionality, with each school reporting the number of investigations disposed of internally and the number of cases referred to local law enforcement, disaggregated by race, ethnicity, age, and gender.

(b) Not later than November 1, 2017, and before November 2 of each year thereafter, the department shall submit a comprehensive report concerning criminal gang activity in schools to the governor and the general assembly. A report submitted to the general assembly under this subsection must be in an electronic format under IC 5-14-6. The report must include the following:

(1) A summary of the activities reported to the department under subsection (a).

(2) Any recommendations or conclusions made by the department to assist in the prevention of, education about, and intervention in criminal gang activity in schools.

Indiana § 20-33-9-10.5. Application of Section

(a) This section does not apply to a charter school or an accredited nonpublic school.

(b) A school employee shall report any incidence of suspected criminal gang activity, criminal gang intimidation, or criminal gang recruitment to the principal and the school safety specialist.

(c) The principal and the school safety specialist may take appropriate action to maintain a safe and secure school environment, including providing appropriate intervention services.

Graffiti (view all states for this subject)

Indiana § 31-37-19-17. Delinquent Acts Involving Criminal Mischief or Use of Graffiti; Suspension of Operator’s License or Invalidation of Learner’s Permit

(a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be criminal mischief or institutional criminal mischief under IC 35-43-1-2 that involves the use of graffiti.

(b) The juvenile court may, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:

(1) suspend the child’s operator’s license; or

(2) invalidate the child’s learner’s permit; for one (1) year beginning the date of the order.

Indiana § 31-37-19-20. Restitution or Removal of Graffiti; Rescission of Order Suspending or Invalidating Operator’s License or Learner’s Permit

(a) This section applies if the juvenile court has entered an order for suspension or invalidation of an operator's license or a learner's permit under section 17 [IC 31-37-19-17] of this chapter (or IC 31-6-4-15.9(f) before its repeal).

(b) Following a determination by the juvenile court that the child has removed or painted over the graffiti or has made other suitable restitution, the court may:

(1) rescind the order for suspension or invalidation; and

(2) allow the child to receive a license or permit before the period of suspension or invalidation ends.

Indiana § 35-41-1-12.3. “Graffiti” Defined (Repealed July 1, 2012)

"Graffiti" means any unauthorized inscription, work, figure, or design that is marked, etched, scratched, drawn, or painted on a component of any building, structure, or other facility.

Indiana § 35-43-1-2. Criminal Mischief; Operator’s Permit or License [Effective July 1, 2014]

(a) A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent commits criminal mischief, a Class B misdemeanor. However, the offense is:

(1) a Class A misdemeanor if the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500); and

(2) a Level 6 felony if:
(A) the pecuniary loss is at least two thousand five hundred dollars ($2,500);

(B) the damage causes a substantial interruption or impairment of utility service rendered to the public;

(C) the damage is to a public record; or

(D) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5).

(c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person’s operator’s license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.

(d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that the person has removed or painted over the graffiti or has made other suitable restitution.

Indiana § 35–31.5–2–50.

“Community restitution or service” means performance of services directly for a:

(1) victim;

(2) nonprofit entity; or

(3) governmental entity;

without compensation, including graffiti abatement, park maintenance, and other community service activities. The term does not include the reimbursement under IC 35–50–5–3 or another law of damages or expenses incurred by a victim or another person as the result of a violation of law.

Indiana § 35–31.5–2–146.

“Graffiti” means any unauthorized inscription, work, figure, or design that is marked, etched, scratched, drawn, or painted on a component of any building, structure, or other facility.

Juvenile Gang Members (view all states for this subject)

Indiana § 31-30-1-4. Juvenile Court Lacks Jurisdiction Over Individuals at Least 16 Years Old Committing Certain Felonies; Retention of Jurisdiction by Court Having Adult Criminal Jurisdiction [Effective July 1, 2014]

(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:

(7) IC 35-42-5-2 (carjacking)(repealed);

(8) IC 35-45-9-3 (criminal gang activity);

(9) IC 35-45-9-4 (criminal gang intimidation);

Indiana § 31-37-19-17. Delinquent Acts Involving Criminal Mischief or Use of Graffiti; Suspension of Operator’s License or Invalidation of Learner’s Permit

(a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be criminal mischief or institutional criminal mischief under IC 35-43-1-2 that involves the use of graffiti.

(b) The juvenile court may, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:

(1) suspend the child’s operator’s license; or

(2) invalidate the child’s learner’s permit; for one (1) year beginning the date of the order.

Indiana § 31-37-19-20. Restitution or Removal of Graffiti; Rescission of Order Suspending or Invalidating Operator’s License or Learner’s Permit

(a) This section applies if the juvenile court has entered an order for suspension or invalidation of an operator's license or a learner's permit under section 17 [IC 31-37-19-17] of this chapter (or IC 31-6-4-15.9(f) before its repeal).

(b) Following a determination by the juvenile court that the child has removed or painted over the graffiti or has made other suitable restitution, the court may:

(1) rescind the order for suspension or invalidation; and

(2) allow the child to receive a license or permit before the period of suspension or invalidation ends.

Indiana § 34-31-4-1. Maximum Limit

Except as provided in Section 2 [IC 34-31-4-2] of this chapter, a parent is liable for not more than five thousand dollars ($5,000) in actual damages arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent's child if:

(1) the parent has custody of the child; and

(2) the child is living with the parent.

Indiana § 34-31-4-2. Criminal Gang Activity

A parent of a child who is a member of a criminal gang (as defined in IC 35-45-9-1), who actively encourages or knowingly benefits from the child’s involvement in the criminal gang, is liable for actual damages arising from harm to a person or property intentionally caused by the child while participating in a criminal gang activity if:

(1) the parent has custody of the child;

(2) the child is living with the parent or guardian; and

(3) the parent failed to use reasonable efforts to prevent the child’s involvement in the criminal gang.

Miscellaneous Gang Legislation (view all states for this subject)

Indiana § 31-37-4-3. Notice to School; Confidential Information [Effective July 1, 2014]

(a) This section applies if a child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:

(25) A criminal gang offense under IC 35-45-9.

(b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a) or a situation to which IC 12-26-4-1 applies, the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:

(1) that the child was taken into custody; and

(2) of the reason why the child was taken into custody.

(c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.

(d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.

(e) A law enforcement agency shall include in its training for law enforcement officers training concerning the notification requirements under subsection (b).

Indiana § 35–31.5–2–50.

“Community restitution or service” means performance of services directly for a:

(1) victim;

(2) nonprofit entity; or

(3) governmental entity;

without compensation, including graffiti abatement, park maintenance, and other community service activities. The term does not include the reimbursement under IC 35–50–5–3 or another law of damages or expenses incurred by a victim or another person as the result of a violation of law.

Indiana § 35–31.5–2–74.

(a) “Criminal gang”, for purposes of IC 35–45–9, has the meaning set forth in IC 35–45–9–1.

(b) “Criminal gang”, for purposes of IC 35–50–2–15, has the meaning set forth in IC 35–50–2–1.4.

Public Nuisance/Premises Used by Gangs (view all states for this subject)

Indiana § 32-21-6-3. "Psychologically Affected Property" Defined

As used in this chapter, "psychologically affected property" includes real estate or a dwelling that is for sale, rent, or lease and to which one (1) or more of the following facts or a reasonable suspicion of facts apply:

(1) That an occupant of the property was afflicted with or died from a disease related to the human immunodeficiency virus (HIV).

(2) That an individual died on the property.

(3) That the property was the site of:

(A) a felony under IC 35;

(B) criminal gang (as defined in IC 35-45-9-1) activity;

(C) the discharge of a firearm involving a law enforcement officer while engaged in the officer's official duties; or

(D) the illegal manufacture or distribution of a controlled substance.


Top | Index | Disclaimer | National Gang Center Home