§ 35-45-9-3

(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 (IC 35-44.1-2-5) if the offense

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 (IC 35-44.1-2-5) 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

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.As added by P.L.180-1991, SEC.11. Amended by P.L.158-2013, SEC.538; P.L.25-2016, SEC.22.