Gang-Related Legislation by State Index

Indiana

Curfew (view all states for this subject)

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 § 35-50-2-15. Sentencing enhancement for person committing felony offense while a member of, at the direction of, or in affiliation with a criminal gang -- Expert testimony permitted

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

(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 organization while committing the offense; and

(2) committed the felony offense:

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

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

(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 organization while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal organization 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 organization or committed a felony at the direction of or in affiliation with a criminal organization may include the following:

(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.

(10) The person's involvement in recruiting criminal organization members.

Expert Testimony (view all states for this subject)

Indiana § 35-50-2-15. Sentencing enhancement for person committing felony offense while a member of, at the direction of, or in affiliation with a criminal gang -- Expert testimony permitted

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

(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 organization while committing the offense; and

(2) committed the felony offense:

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

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

(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 organization while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal organization 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 organization or committed a felony at the direction of or in affiliation with a criminal organization may include the following:

(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.

(10) The person's involvement in recruiting criminal organization members.

Gang Participation (view all states for this subject)

Indiana § 35-45-9-3. Criminal gang activity.

(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 (IC35-44.1-2-5) 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.

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

Indiana § 35-45-9-4. Criminal gang intimidation.

A person who threatens another person because the other person:

(1) refuses to join a criminal organization; or

(2) has withdrawn from a criminal organization;

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

Indiana § 35-45-9-5. Criminal gang recruitment

(a) Except as provided in subsection (b), an individual who knowingly or intentionally solicits, recruits, entices, or intimidates another individual to join a criminal organization or remain in a criminal organization commits criminal organization 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 eighteen (18) years of age.

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

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 organization (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 organization (as defined in section 32 of this chapter) activity.

(4) A political subdivision in which criminal organization (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.

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

(1) either:

(A) promotes, sponsors, or assists in;

(B) participates in; or

(C) has as one (1) of its goals; or

(2) requires as a condition of membership or continued membership; the commission of a felony, an act that would be a felony if committed by an adult, or a battery offense included in IC 35-42-2.

Indiana § 35-31.5-2-264.5. Purpose of increasing a Person’s Own Standing or Position Within a Criminal Gang”

“Purpose of increasing a person's own standing or position within a criminal organization”, 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 organization" defined

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

(1) either:

(A) promotes, sponsors, or assists in;

(B) participates in; or

(C) has as one (1) of its goals; or

(2) requires as a condition of membership or continued membership; the commission of a felony, an act that would be a felony if committed by an adult, or a battery offense included in IC 35-42-2.

Indiana § 35-50-2-1.4. "Criminal gang" defined

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

(1) either:

(A) promotes, sponsors, or assists in;

(B) participates in; or

(C) has as one (1) of its goals; or

(2) requires as a condition of membership or continued membership; the commission of a felony, an act that would be a felony if committed by an adult, or a battery offense included in IC 35-42-2.

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.

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

Indiana § 5-2-6-3. Purpose of institute

The institute is established to do the following:

(1) Evaluate state and local programs associated with:

(A) the prevention, detection, and solution of criminal offenses;

(B) law enforcement; and

(C) the administration of criminal and juvenile justice.
. . .
(13) Develop and manage the gang crime witness protection program established by section 21 [IC 5-2-6-21] of this chapter.

(14) Identify grants and other funds that can be used to fund the gang crime witness protection program.

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 organization member for committing a felony or misdemeanor, the court shall order a criminal organization 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 -- Source of Money -- Grants.

(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 organization activities.

(7) Provide grants for school wide programs to improve school climate and professional development and training for school personnel concerning:

(A) alternatives to suspension and expulsion; and

(B) evidence based practices that contribute to a positive school environment, including classroom management skills, positive behavioral intervention and support, restorative practices, and social emotional learning.

(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 [IC 5-2-10.1-10] of this chapter.

(3) A safe haven grant requested under section 7 [IC 5-2-10.1-7]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 organization 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

Indiana § 5-2-10.1-12. Safe school committees to be established

(a) Each 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. Each committee may include at least one (1) member who is a member of the support staff of the school or school corporation career and technical education school.

(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 organization 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.

(c) As a part of the plan developed under subsection (b), each safe school committee shall provide a copy of the floor plans for each building located on the school's property that clearly indicates each exit, the interior rooms and hallways, and the location of any hazardous materials located in the building to the law enforcement agency and the fire department that have jurisdiction over the school.

Indiana § 20-18-2-2.8. "Criminal gang" defined.

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

Indiana § 20-19-3-12. Duties of department.

(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 organization education, prevention, or intervention that the department determines to be appropriate, shall:

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

(2) develop and maintain a model policy to address criminal organizations and criminal organization 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 organization policy.

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

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

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

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

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

(d) The model criminal organization policy developed under subsection

(a)(2) must include:

(1) a statement prohibiting criminal organization activity in schools;

(2) a statement prohibiting reprisal or retaliation against an individual who reports suspected criminal organization activity;

(3) definitions of "criminal organization" as set forth in IC 35-45-9-1 and "criminal organization activity";

(4) model procedures for:

(A) reporting suspected criminal organization activity; and

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

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

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

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. Written criminal gang policy.

(a) Not later than June 1, 2016, the governing body of each school corporation shall establish a written policy to address criminal organizations and criminal organization 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 organization 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 organization 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 organization policy to the department.

Indiana § 20-26-18-3. Publication of criminal gang policy.

A school corporation shall put a copy of the school corporation's criminal organization 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

Indiana § 20-26-18-4. Establishment of educational programs.

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

(1) An evidence based educational criminal organization 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 organization policy established under section 2 [IC 20-26-18-2] of this chapter.

Indiana § 20-26-18-5. Criminal gang intervention services.

To foster the continuing coordination of organization prevention, intervention, and suppression efforts, the governing body of a school corporation may establish a program to provide criminal organization 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 organization education, prevention, or intervention.

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

Indiana § 20-26-18-6. Annual report.

(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 organization 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 organization activity in schools.

Indiana § 20-33-9-10.5. Inapplicability to charter or accredited nonpublic school.

(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 organization activity, criminal organization intimidation, or criminal organization 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.

Gangs and Weapons (view all states for this subject)

Indiana § 35-47-4-5. Possession of firearm by serious violent felon.

(b) As used in this section, "serious violent felony" means:

(21) criminal organization intimidation (IC 35-45-9-4);

(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.

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 § 35-43-1-2. Criminal Mischief—Institutional Criminal Mischief

(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 seven hundred fifty dollars ($750) but less than fifty two thousand dollars ($50,000); and

(2) a Level 6 felony if:

(A) the pecuniary loss is at least fifty thousand dollars ($50,000);

(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:

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. Child involved in criminal gang.

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

Miscellaneous Gang Legislation (view all states for this subject)

Indiana § 31-37-4-3. Acts or crimes to which section applicable -- Procedure for notifying school officials when child taken into custody for crime or act.

(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 organization 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 organization (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.


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