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Florida statute

Fla. Stat. § 874.05 — Causing, encouraging, soliciting, or recruiting criminal gang membership

Current through 2025 Florida Statutes

Part of Chapter 874: Criminal Gang Enforcement and Prevention, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 874.05

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 874.05Primary source, current through the 2025 Florida Statutes
(1)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) A person who commits a second or subsequent violation of this subsection commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.