Florida criminal charge
Causing, encouraging, soliciting, or recruiting criminal gang membership in Florida
Causing, encouraging, soliciting, or recruiting criminal gang membership is a criminal offense under Florida law, defined by Fla. Stat. § 874.05. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 874.05.
What is the penalty for causing, encouraging, soliciting, or recruiting criminal gang membership in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Recruiting adult/general person into criminal gang membership — first offense — A person intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where membership or continued membership requires commission of any crime, on a first violation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Recruiting adult/general person into criminal gang membership — first offense — A person intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where membership or continued membership requires commission of any crime, on a first violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Recruiting adult/general person into criminal gang membership — second or subsequent offense — A person commits a second or subsequent violation of causing, encouraging, soliciting, or recruiting another person to become a criminal gang member as described in (1)(a).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Recruiting adult/general person into criminal gang membership — second or subsequent offense — A person commits a second or subsequent violation of causing, encouraging, soliciting, or recruiting another person to become a criminal gang member as described in (1)(a).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Recruiting person under 13 into criminal gang membership — first offense — A person intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where membership or continued membership requires commission of any crime, on a first violation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Recruiting person under 13 into criminal gang membership — first offense — A person intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where membership or continued membership requires commission of any crime, on a first violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Recruiting person under 13 into criminal gang membership — second or subsequent offense — A person commits a second or subsequent violation of causing, encouraging, soliciting, or recruiting a person under 13 years of age to become a criminal gang member as described in (2)(a).; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Recruiting person under 13 into criminal gang membership — second or subsequent offense — A person commits a second or subsequent violation of causing, encouraging, soliciting, or recruiting a person under 13 years of age to become a criminal gang member as described in (2)(a).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is causing, encouraging, soliciting, or recruiting criminal gang membership classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Recruiting adult/general person into criminal gang membership — first offense | Felony of the Third Degree | A person intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where membership or continued membership requires commission of any crime, on a first violation. | Fla. Stat. § 874.05(1)(a) |
| Recruiting adult/general person into criminal gang membership — second or subsequent offense | Felony of the Second Degree | A person commits a second or subsequent violation of causing, encouraging, soliciting, or recruiting another person to become a criminal gang member as described in (1)(a). | Fla. Stat. § 874.05(1)(b) |
| Recruiting person under 13 into criminal gang membership — first offense | Felony of the Second Degree | A person intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where membership or continued membership requires commission of any crime, on a first violation. | Fla. Stat. § 874.05(2)(a) |
| Recruiting person under 13 into criminal gang membership — second or subsequent offense | Felony of the First Degree | A person commits a second or subsequent violation of causing, encouraging, soliciting, or recruiting a person under 13 years of age to become a criminal gang member as described in (2)(a). | Fla. Stat. § 874.05(2)(b) |
Common questions about causing, encouraging, soliciting, or recruiting criminal gang membership in Florida
Is causing, encouraging, soliciting, or recruiting criminal gang membership a felony or a misdemeanor in Florida?
It depends on the circumstances: causing, encouraging, soliciting, or recruiting criminal gang membership ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 874.05.
Recruiting adult/general person into criminal gang membership — first offense: Felony of the Third Degree (Fla. Stat. § 874.05(1)(a)) · Recruiting adult/general person into criminal gang membership — second or subsequent offense: Felony of the Second Degree (Fla. Stat. § 874.05(1)(b)) · Recruiting person under 13 into criminal gang membership — first offense: Felony of the Second Degree (Fla. Stat. § 874.05(2)(a)) · Recruiting person under 13 into criminal gang membership — second or subsequent offense: Felony of the First Degree (Fla. Stat. § 874.05(2)(b))
What are the penalties for causing, encouraging, soliciting, or recruiting criminal gang membership in Florida?
Penalties for causing, encouraging, soliciting, or recruiting criminal gang membership in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers causing, encouraging, soliciting, or recruiting criminal gang membership?
Causing, encouraging, soliciting, or recruiting criminal gang membership is governed by Fla. Stat. § 874.05 (Causing, encouraging, soliciting, or recruiting criminal gang membership).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.