1. (a) As used in this section, "benefit, promote, or further the interests of a criminal organization" means to commit a felony or misdemeanor that would cause a reasonable person to believe results in:

   1. (1) a benefit to a criminal organization or a member of a criminal organization;
   2. (2) the promotion of a criminal organization; or
   3. (3) furthering the interests of a criminal organization.
2. (b) As used in this section, "purpose of increasing a person's own standing or position within a criminal organization" means committing a felony or misdemeanor that would cause a reasonable person to believe results in increasing the person's standing or position within a criminal organization.

3. (c) A person who knowingly or intentionally commits an offense:

   1. (1) with the intent to benefit, promote, or further the interests of a criminal organization; or

   2. (2) for the purpose of increasing the person's own standing or position within a criminal organization;

      commits criminal organization activity, a Level 6 felony. However, the offense is a Level 5 felony if the offense involves, directly or indirectly, the unlawful use of a firearm (including assisting a criminal ( IC 35-44.1-2-5 ) if the offense committed by the person assisted involves the unlawful use of a firearm).

4. (d) In determining whether a person committed an offense under this section, the trier of fact may consider a person's association with a criminal organization, including:

   1. (1) an admission of criminal organization membership by the person;

   2. (2) a statement by:

      1. (A) a member of the person's family;
      2. (B) the person's guardian; or

      3. (C) a reliable member of the criminal organization;

         stating the person is a member of a criminal organization;

   3. (3) the person having tattoos identifying the person as a member of a criminal organization;
   4. (4) the person having a style of dress that is particular to members of a criminal organization;
   5. (5) the person associating with one (1) or more members of a criminal organization;
   6. (6) physical evidence indicating the person is a member of a criminal organization;
   7. (7) an observation of the person in the company of a known criminal organization member on at least three (3) occasions;
   8. (8) communications authored by the person indicating criminal organization membership, promotion of the membership in a criminal organization, or responsibility for an offense committed by a criminal organization;
   9. (9) the person's use of the hand signs of a criminal organization; and
   10. (10) the person's involvement in recruiting criminal organization members.

As added by P.L.180-1991, SEC.11. Amended by P.L.158-2013, SEC.538; P.L.25-2016, SEC.22.