(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
(Top)"Graffiti" means any unauthorized inscription, work, figure, or design that is marked, etched, scratched, drawn, or painted on a component of any building, structure, or other facility.
(a) The state may seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one (1) of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one (1) of the aggravating circumstances alleged. However, the state may not proceed against a defendant under this section if a court determines at a pretrial hearing under IC 35-36-9 that the defendant is a mentally retarded individual.
(b) The aggravating circumstances are as follows:
(1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:
(H) Carjacking (IC 35-42-5-2).
(I) Criminal gang activity (IC 35-45-9-3).
(a) This section does not apply to an individual who is convicted of a felony offense under IC 35-45-9-3.
(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:
(1) was a member of a criminal gang while committing the offense; and
(2) committed the felony offense at the direction of or in affiliation with a criminal gang.
(c) If the person is convicted of the felony offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally was a member of a criminal gang while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal gang as described in subsection (b), the court shall:
(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying felony, if the person is sentenced for only one (1) felony; or
(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies, if the person is being sentenced for more than one (1) felony.
(e) A sentence imposed under this section shall run consecutively to the underlying sentence.
(f) A term of imprisonment imposed under this section may not be suspended.
(g) For purposes of subsection (c), evidence that a person was a member of a criminal gang or committed a felony at the direction of or in affiliation with a criminal gang may include expert testimony pursuant to the Indiana Rules of Evidence that may be admitted to prove that particular conduct, status, and customs are indicative of criminal gang activity. The expert testimony may include the following:
(1) Characteristics of persons who are members of criminal gangs.
(2) Descriptions of rivalries between criminal gangs.
(3) Common practices and operations of criminal gangs.
(4) Behavior of criminal gangs.
(5) Terminology used by members of criminal gangs.
(6) Codes of conduct, including criminal conduct, of particular criminal gangs.
(7) Types of crimes that are likely to be committed by a particular criminal gang.
(a) This section does not apply to an individual who is convicted of a felony offense under IC 35-45-9-3.
(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:
(1) was a member of a criminal gang while committing the offense; and
(2) committed the felony offense at the direction of or in affiliation with a criminal gang.
(c) If the person is convicted of the felony offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally was a member of a criminal gang while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal gang as described in subsection (b), the court shall:
(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying felony, if the person is sentenced for only one (1) felony; or
(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies, if the person is being sentenced for more than one (1) felony.
(e) A sentence imposed under this section shall run consecutively to the underlying sentence.
(f) A term of imprisonment imposed under this section may not be suspended.
(g) For purposes of subsection (c), evidence that a person was a member of a criminal gang or committed a felony at the direction of or in affiliation with a criminal gang may include expert testimony pursuant to the Indiana Rules of Evidence that may be admitted to prove that particular conduct, status, and customs are indicative of criminal gang activity. The expert testimony may include the following:
(1) Characteristics of persons who are members of criminal gangs.
(2) Descriptions of rivalries between criminal gangs.
(3) Common practices and operations of criminal gangs.
(4) Behavior of criminal gangs.
(5) Terminology used by members of criminal gangs.
(6) Codes of conduct, including criminal conduct, of particular criminal gangs.
(7) Types of crimes that are likely to be committed by a particular criminal gang.
(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
A person who knowingly or intentionally actively participates in a criminal gang commits criminal gang activity, a Class D felony.
(Top)A person who threatens another person because the other person:
(1) refuses to join a criminal gang; or
(2) has withdrawn from a criminal gang;
commits criminal gang intimidation, a Class C felony.
"Aggrieved person," for purposes of IC 34-24-2, means any of the following:
(1) A person who has an interest in property or in an enterprise that:
(A) is the object of corrupt business influence (IC 35-45-6-2); or
(B) has suffered damages or harm as a result of corrupt business influence (IC 35-45-6-2).
(2) An individual whose personal safety is threatened by criminal gang (as defined in section 32 [IC 34-6-2-32] of this chapter) activity.
(3) An individual or a business whose property value or business activity is negatively affected due to criminal gang (as defined in section 32 of this chapter) activity.
(4) A political subdivision in which criminal gang (as defined in section 32 of this chapter) activity negatively affects the property values or business activity of the political subdivision or the personal safety of the political subdivision's residents.
(5) The state.
As used in this chapter, "criminal gang" means a group with at least five (5) members that specifically:
(1) either:
(A) promotes, sponsors, or assists in; or
(B) participates in; or
(2) requires as a condition of membership or continued membership; the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery (IC 35-42-2-1).
(Top)Sec. 8. The department shall establish the anti-gang counseling pilot program to provide financial assistance to participating school corporations to establish pilot projects designed to do the following:
(1) Educate students and parents:
(A) of the extent to which criminal gang activity exists in the school corporation’s community;
(B) on the negative societal impact that criminal gangs have on the community; and
(C) on methods to discourage participation in criminal gangs.
(2) Encourage the use of community resources not directly affiliated with the school corporation, including law enforcement officials, to participate in the particular pilot project.
(3) Enable the participating school corporations on a case-by-case basis and with the prior written approval of the student’s parent or guardian to contract with community mental health centers to provide appropriate anti-gang counseling to a student identified by the student’s school guidance counselor as being at risk of becoming a member of a criminal gang or at risk of engaging in criminal gang activity.
The department shall establish the anti-gang counseling pilot program to provide financial assistance to participating school corporations to establish pilot projects designed to do the following:
(1) Educate students and parents:
(A) of the extent to which criminal gang activity exists in the school corporation's community;
(B) on the negative societal impact that criminal gangs have on the community; and
(C) on methods to discourage participation in criminal gangs.
(2) Encourage the use of community resources not directly affiliated with the school corporation, including law enforcement officials, to participate in the particular pilot project.
(3) Enable the participating school corporations on a case-by-case basis and with the prior written approval of the student's parent to contract with community mental health centers to provide appropriate anti-gang counseling to a student identified by the student's school guidance counselor as being at risk of becoming a member of a criminal gang or at risk of engaging in criminal gang activity.
"Graffiti" means any unauthorized inscription, work, figure, or design that is marked, etched, scratched, drawn, or painted on a component of any building, structure, or other facility.
Sec. 2. (a) A person who:
(1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent; or
(2) knowingly or intentionally causes another to suffer pecuniary loss by deception
or by an expression of intention to injure another person or to damage the property
or to impair the rights of another person;
commits criminal mischief, a Class B misdemeanor.
(c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person’s operator’s license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
(d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that:
(1) the person has removed or painted over the graffiti or has made other suitable restitution; and
(2) the person who owns the property damaged or defaced by the criminal mischief or institutional criminal mischief is satisfied with the removal, painting, or other restitution performed by the person.
(a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be criminal mischief or institutional criminal mischief under IC 35-43-1-2 that involves the use of graffiti.
(b) The juvenile court may, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
(1) suspend the child’s operator’s license; or
(2) invalidate the child’s learner’s permit;
for one (1) year beginning the date of the order.
(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
Except as provided in Section 2 [IC 34-31-4-2] of this chapter, a parent is liable for not more than five thousand dollars ($5,000) in actual damages arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent's child if:
(1) the parent has custody of the child; and
(2) the child is living with the parent.
A parent of a child who is a member of a criminal gang (as defined in IC 35-45-9-1), who actively encourages or knowingly benefits from the child’s involvement in the criminal gang, is liable for actual damages arising from harm to a person or property intentionally caused by the child while participating in a criminal gang activity if:
(1) the parent has custody of the child;
(2) the child is living with the parent or guardian; and
(3) the parent failed to use reasonable efforts to prevent the child’s involvement in the criminal gang.
(a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be criminal mischief or institutional criminal mischief under IC 35-43-1-2 that involves the use of graffiti.
(b) The juvenile court may, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
(1) suspend the child’s operator’s license; or
(2) invalidate the child’s learner’s permit;
for one (1) year beginning the date of the order.
Sec. 2. As used in this chapter, "psychologically affected property"
includes real estate or a dwelling that is for sale, rent, or lease and to which
one (1) or more of the following facts or a reasonable suspicion of facts apply:
(3) That the property was the site of:
(B) criminal gang (as defined in IC 35-45-9-1) activity;