Indiana criminal charge
Criminal organization recruitment in Indiana
Criminal organization recruitment is a criminal offense under Indiana law, defined by Ind. Code § 35-45-9-5. Its classification is not fixed: Indiana 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 Ind. Code § 35-45-9-5.
What is the penalty for criminal organization recruitment in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Criminal organization recruitment - base offense — An individual knowingly or intentionally solicits, recruits, entices, or intimidates another individual to join or remain in a criminal organization, absent the aggravating factors in subsection (b).; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Criminal organization recruitment - base offense — An individual knowingly or intentionally solicits, recruits, entices, or intimidates another individual to join or remain in a criminal organization, absent the aggravating factors in subsection (b).) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Criminal organization recruitment - near school property or minor victim — The solicitation, recruitment, enticement, or intimidation occurs within 1,000 feet of school property, or the individual solicited, recruited, enticed, or intimidated is less than 18 years of age.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Criminal organization recruitment - near school property or minor victim — The solicitation, recruitment, enticement, or intimidation occurs within 1,000 feet of school property, or the individual solicited, recruited, enticed, or intimidated is less than 18 years of age.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is criminal organization recruitment classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal organization recruitment - base offense | Level 6 Felony | An individual knowingly or intentionally solicits, recruits, entices, or intimidates another individual to join or remain in a criminal organization, absent the aggravating factors in subsection (b). | Ind. Code § 35-45-9-5(a) |
| Criminal organization recruitment - near school property or minor victim | Level 5 Felony | The solicitation, recruitment, enticement, or intimidation occurs within 1,000 feet of school property, or the individual solicited, recruited, enticed, or intimidated is less than 18 years of age. | Ind. Code § 35-45-9-5(b) |
Common questions about criminal organization recruitment in Indiana
Is criminal organization recruitment a felony or a misdemeanor in Indiana?
It depends on the circumstances: criminal organization recruitment ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-45-9-5.
Criminal organization recruitment - base offense: Level 6 Felony (Ind. Code § 35-45-9-5(a)) · Criminal organization recruitment - near school property or minor victim: Level 5 Felony (Ind. Code § 35-45-9-5(b))
What are the penalties for criminal organization recruitment in Indiana?
Which Indiana statute covers criminal organization recruitment?
Criminal organization recruitment is governed by Ind. Code § 35-45-9-5 (Criminal organization recruitment).
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.