Indiana criminal charge
Participation in criminal organization; offense in Indiana
Participation in criminal organization; offense is a criminal offense under Indiana law, defined by Ind. Code § 35-45-9-3. 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 § 35-45-9-3.
What is the penalty for participation in criminal organization; offense in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Criminal organization activity — base offense — Knowingly or intentionally committing an offense with intent to benefit, promote, or further a criminal organization's interests, or to increase the person's own standing within the organization.; 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 activity — base offense — Knowingly or intentionally committing an offense with intent to benefit, promote, or further a criminal organization's interests, or to increase the person's own standing within the organization.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Criminal organization activity — firearm involved — The offense involves, directly or indirectly, the unlawful use of a firearm, including assisting a criminal where the assisted offense involved unlawful use of a firearm.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Criminal organization activity — firearm involved — The offense involves, directly or indirectly, the unlawful use of a firearm, including assisting a criminal where the assisted offense involved unlawful use of a firearm.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is participation in criminal organization; offense classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal organization activity — base offense | Level 6 Felony | Knowingly or intentionally committing an offense with intent to benefit, promote, or further a criminal organization's interests, or to increase the person's own standing within the organization. | Ind. Code § 35-45-9-3(c) |
| Criminal organization activity — firearm involved | Level 5 Felony | The offense involves, directly or indirectly, the unlawful use of a firearm, including assisting a criminal where the assisted offense involved unlawful use of a firearm. | Ind. Code § 35-45-9-3(c) |
Common questions about participation in criminal organization; offense in Indiana
Is participation in criminal organization; offense a felony or a misdemeanor in Indiana?
It depends on the circumstances: participation in criminal organization; offense ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-45-9-3.
Criminal organization activity — base offense: Level 6 Felony (Ind. Code § 35-45-9-3(c)) · Criminal organization activity — firearm involved: Level 5 Felony (Ind. Code § 35-45-9-3(c))
What are the penalties for participation in criminal organization; offense in Indiana?
Which Indiana statute covers participation in criminal organization; offense?
Participation in criminal organization; offense is governed by Ind. Code § 35-45-9-3 (Participation in criminal organization; offense).
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.