Criteria for Determining Criminal Gang Membership
Florida broadens criminal gang member criteria, adding social media admissions and gang language
Florida Statutes affected
| s. 823.05 | Places and groups engaged in certain activities declared a nuisance; abatement and enjoinment. |
| s. 874.03 | Definitions. |
| s. 921.141 | Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. |
| s. 951.23 | County and municipal detention facilities; definitions; administration; standards and requirements. |
Side-by-side: current law vs. the bill
s. 874.03, F.S.
874.03 Definitions.—As used in this chapter:
(3) "Criminal gang member" is a person who meets two or more of the following criteria:
(a) Admits to criminal gang membership.
(b) Is identified as a criminal gang member by a parent or guardian .
(c) Is identified as a criminal gang member by a documented reliable informant.
(d) Adopts the style of dress of a criminal gang.
(e) Adopts the use of a hand sign identified as used by a criminal gang.
(f) Has a tattoo identified as used by a criminal gang.
(g) Associates with one or more known criminal gang members.
(h) Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information.
(i) Is identified as a criminal gang member by physical evidence.
(j) Has been observed in the company of one or more known criminal gang members four or more times. Observation in a custodial setting requires a willful association. It is the intent of the Legislature to allow this criterion to be used to identify gang members who recruit and organize in jails, prisons, and other detention settings.
(k) Has authored any communication indicating responsibility for the commission of any crime by the criminal gang .
Where a single act or factual transaction satisfies the requirements of more than one of the criteria in this subsection, each of those criteria has thereby been satisfied for the purposes of the statute.
874.03 Definitions.—As used in this chapter:
(3) "Criminal gang member" means a person who meets two or more of the following criteria:
(a) Admits in person or on an online platform or social media that he or she is a criminal gang member.
(b) Is identified or claimed by a criminal gang as one of its members .
(c) Is identified as a criminal gang member by a parent, guardian, or spouse living with the person.
(d) Is identified as a criminal gang member by a documented reliable informant.
(e) Adopts the style of dress of a criminal gang.
(f) Adopts the use of a hand sign identified as used by a criminal gang.
(g) Has a tattoo identified as used by a criminal gang.
(h) Associates with one or more known criminal gang members.
(i) Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information.
(j) Is identified as a criminal gang member by physical evidence.
(k) Has been observed in the company of one or more known criminal gang members two or more times. Observation in a custodial setting requires a willful association. It is the intent of the Legislature to allow this criterion to be used to identify gang members who recruit and organize in jails, prisons, and other detention settings.
(l) Has authored any communication indicating gang affiliation or gang activity or accepting responsibility for the commission of any crime by a criminal gang member.
(m) Uses gang-related language in furtherance of criminal gang-related activity on an online platform or social media.
Where a single act or factual transaction satisfies the requirements of more than one of the criteria in this subsection, each of those criteria has thereby been satisfied for the purposes of this subsection .
(6) "Gang-related language" means any verbal or written statement that signals gang affiliation, supports gang activity, or uses recognized gang codes, symbols, or terminology associated with criminal organizations. Written statements include any digital or electronic statements, including statements made on any online platform or social media.
s. 874.03, F.S.
823.05 Places and groups engaged in certain activities declared a nuisance; abatement and enjoinment.—
(2)(a) As used in this subsection, the terms "criminal gang," "criminal gang member," "criminal gang associate," and "criminal gang-related activity" have the same meanings as provided in s. 874.03.
823.05 Places and groups engaged in certain activities declared a nuisance; abatement and enjoinment.—
(2)(a) As used in this subsection, the terms "criminal gang," "criminal gang member," "criminal gang associate," and "criminal gang-related activity" have the same meanings as provided in s. 874.03.
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