CRIMINAL LAWAND PROCEDURE
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inal gang, including, but not limited to:
(1) an admission of criminal gang mem-
bership 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 crim-
inal 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 mem-
ber on multiple occasions; and
(8) communications authored by the per-
son indicating criminal gang membership.
35-45-9-4. Criminal gang intimidation.
Aperson who threatens another person because
the other person:
(1) refuses to join a criminal gang;
(2) has withdrawn from a criminal gang; or
(3) wishes to withdraw from a criminal
gang;
commits criminal gang intimidation, a Level 5
felony.
35-45-9-5. Criminal gang recruitment.
(a) Except as provided in subsection (b), an
individual who knowingly or intentionally solic-
its, recruits, entices, or intimidates another indi-
vidual to join a criminal gang or remain in a
criminal gang commits criminal gang recruit-
ment, a Level 6 felony.
(b) The offense under subsection (a) is a Level
5 felony if:
(1) the solicitation, recruitment, entice-
ment, 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.
35-45-9-6. Restitution.
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 misde-
meanor to make restitution to the victim of the
crime under IC 35-50-5-3.
Chapter 10. Stalking.
35-45-10-1.
“Stalk” defined.
35-45-10-2.
“Harassment” defined.
35-45-10-3.
“Impermissible contact” defined.
35-45-10-4.
“Victim” defined.
35-45-10-5.
Stalking.
35-45-10-1. “Stalk” defined.
As used in this chapter, “stalk” means a know-
ing or an intentional course of conduct involving
repeated or continuing harassment of another per-
son that would cause a reasonable person to feel
terrorized, frightened, intimidated, or threatened
and that actually causes the victim to feel terror-
ized, frightened, intimidated, or threatened. The
term does not include statutorily or constitution-
ally protected activity.
35-45-10-2. “Harassment” defined.
As used in this chapter, “harassment” means
conduct directed toward a victim that includes
but is not limited to repeated or continuing imper-
missible contact that would cause a reasonable per-
son to suffer emotional distress and that actually
causes the victim to suffer emotional distress.
Harassment does not include statutorily or con-
stitutionally protected activity, such as lawful
picketing pursuant to labor disputes or lawful
employer-related activities pursuant to labor dis-
putes.
35-45-10-3. “Impermissible contact” defined.
As used in this chapter, “impermissible con-
tact” includes but is not limited to knowingly or
intentionally following or pursuing the victim.
35-45-10-4. “Victim” defined.
As used in this chapter, “victim” means a per-
son who is the object or stalking.
