The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION

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F.S. 874.03

874.03 Definitions.—As used in this chapter:

(1) “Criminal gang” means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups.

(a) As used in this subsection, “ongoing” means that the organization was in existence during the time period charged in a petition, information, indictment, or action for civil injunctive relief.

(b) As used in this subsection, “primary activities” means that a criminal gang spends a substantial amount of time engaged in such activity, although such activity need not be the only, or even the most important, activity in which the criminal gang engages.

(2) “Criminal gang associate” means a person who:

(a) Admits to criminal gang association; or

(b) Meets any single defining criterion for criminal gang membership described in subsection (3).

(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.

(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.

(4) “Criminal gang-related activity” means:

(a) An activity committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing a person’s own standing or position within a criminal gang;

(b) An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang;

(d) An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information.

(5) “Electronic communication” has the meaning provided in s. 934.02 and includes, but is not limited to, photographs, video, telephone communications, text messages, facsimile, electronic mail messages as defined in s. 668.602, and instant message real-time communications with other individuals through the Internet or other means.

(6) “Hate group” means an organization whose primary purpose is to promote animosity, hostility, and malice against a person or persons or against the property of a person or persons because of race, religion, disability, sexual orientation, ethnicity, or national origin.

(7) “Terrorist organization” means any organized group engaged in or organized for the purpose of engaging in terrorism as defined in s. 775.30. This definition shall not be construed to prevent prosecution under this chapter of individuals acting alone.

History.—s. 1, ch. 90-207; s. 75, ch. 94-209; s. 36, ch. 96-388; s. 7, ch. 2008-238; s. 11, ch. 2017-37.

F.S. 874.03 on Google Scholar

F.S. 874.03 on Casetext

Amendments to 874.03

Arrestable Offenses / Crimes under Fla. Stat. 874.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 874.03.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 1210 (Fla. 2019)

. . . Yes No § 874.03, Fla. Stat. . . .

IN RE STANDARD CRIMINAL JURY INSTRUCTIONS IN CAPITAL CASES., 244 So. 3d 172 (Fla. 2018)

. . . With the following aggravating factor, definitions as appropriate from § 874.03, Fla. . . .

IN RE STANDARD CRIMINAL JURY INSTRUCTIONS IN CAPITAL CASES, 214 So. 3d 1236 (Fla. 2017)

. . . With the following assravatins factor, definitions as avvrovriate from £ 874.03. Fla. . . .

CASTILLO, v. STATE, 170 So. 3d 112 (Fla. Dist. Ct. App. 2015)

. . . Section 874.03, Florida Statutes (2007), defines a “[cjriminal gang” as: a formal or informal ongoing . . . street gang” as group whose primary activities were “the commission of criminal or delinquent acts[.]” § 874.03 . . .

UNITED STATES v. DAVIS, 65 F. Supp. 3d 1352 (M.D. Fla. 2014)

. . . the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03 . . .

VASQUEZ v. RACKAUCKAS, v. v. v., 734 F.3d 1025 (9th Cir. 2013)

. . . . § 874.03(1) (same); Ga.Code Ann. § 16-15-3(2) (same); Idaho Code Ann. § 18-8502(1) (same); Iowa Code . . .

CASTRO, v. STATE, 122 So. 3d 912 (Fla. Dist. Ct. App. 2013)

. . . A criminal gang, as defined in s. 874.03, constitutes an enterprise. § 895.02(3), Fla. . . . Section 874.03(1), Florida Statutes (2008), defines a "criminal gang” as "a formal or informal ongoing . . .

GRIM, Jr. v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 705 F.3d 1284 (11th Cir. 2013)

. . . . §] 874.03. . . .

ENOCH, v. STATE, 95 So. 3d 344 (Fla. Dist. Ct. App. 2012)

. . . . § 874.03(l)(b). . . . this subsection, each of those criteria has thereby been satisfied for the purposes of the statute. § 874.03 . . . (b) Meets any single defining criterion for criminal gang membership described in subsection (3). § 874.03 . . . instant message real-time communications with other individuals through the Internet or other means. § 874.03 . . . “Criminal gang member” is very broadly defined. § 874.03(3). . . .

SANTIAGO, v. STATE, 23 So. 3d 1206 (Fla. Dist. Ct. App. 2009)

. . . with racketeering offenses for their involvement in a “criminal street gang,” as defined under section 874.03 . . .

HAGOPIAN, v. JUSTICE ADMINISTRATIVE COMMISSION,, 18 So. 3d 625 (Fla. Dist. Ct. App. 2009)

. . . Similarly, section 895.02(3) was also amended to provide that “[a] criminal street gang, as defined in s. 874.03 . . .

E. A. R. a v. STATE, 4 So. 3d 614 (Fla. 2009)

. . . member of “the Cripps” gang and whether he formed — pursuant to the legal definition provided in section 874.03 . . . on February 28, 2007, defense counsel asserted that CWB is not a criminal street gang under section 874.03 . . . evidence demonstrating that any alleged "criminal street gang” fulfills the definition supplied in section 874.03 . . . under section 847.03(2), Florida Statutes (2007), and a “criminal street gang associate” under section 874.03 . . .

L. B. A v. STATE, 965 So. 2d 1214 (Fla. Dist. Ct. App. 2007)

. . . Pursuant to section 874.03(2), Florida Statutes (2005), a “criminal street gang member” is defined as . . .

ARIANO, v. STATE, 961 So. 2d 366 (Fla. Dist. Ct. App. 2007)

. . . Section 874.03(2), Florida Statutes (2004), defines a “criminal street gang member” as one who is a member . . . street gang” is one that, among other things, engages in a pattern of criminal street gang activity. § 874.03 . . . felonies or misdemeanors if committed by an adult, on separate occasions within a 3-year period.” § 874.03 . . . evidence, the trial court found that Ariano met at least two of the enumerated criteria of section 874.03 . . . See § 874.03(1), (3), Fla. Stat. (2004). . . .

R. C. a v. STATE, 948 So. 2d 48 (Fla. Dist. Ct. App. 2007)

. . . Pursuant to section 874.03(2), Florida Statutes (2005), a “criminal street gang member” is defined as . . . that the "Weedside Boys” is a “criminal street gang” pursuant to the definition provided by section 874.03 . . .

BEJERANO, v. STATE, 760 So. 2d 218 (Fla. Dist. Ct. App. 2000)

. . . A criminal street gang as defined in s. 874.03 constitutes an enterprise. § 895.02(3), Fla. . . . A criminal street gang as defined in s. 874.03 constitutes an enterprise. . ' The defense had requested . . .

STATE v. O. C. a, 748 So. 2d 945 (Fla. 1999)

. . . A “criminal street gang” is broadly defined in section 874.03 as a formal or informal ongoing organization . . . individually or collectively, engage in or have engaged in a pattern of criminal street gang activity. § 874.03 . . . Section 874.03(2), Florida Statute (Supp. 1996), defines "[c]riminal street gang member,” and lists eight . . . (h) Has been stopped in the company of known criminal street gang members four or more times. § 874.03 . . . According to subsection 874.03(3), a "pattern of criminal street gang activity means”: CT]he commission . . .

A. H. a v. STATE, 724 So. 2d 1268 (Fla. Dist. Ct. App. 1999)

. . . .” § 874.03(1), Fla. Stat. (1997). . . . . § 874.03(2), Fla. Stat. (1997). . . .

A. G. a v. STATE, 726 So. 2d 834 (Fla. Dist. Ct. App. 1999)

. . . See § 874.03(2)(d), Fla. Stat. (1997). . . .

A. K. v. STATE, 724 So. 2d 660 (Fla. Dist. Ct. App. 1999)

. . . hold that the State failed to prove that A.K. was a member of a criminal street gang under section 874.03 . . . Section 874.03(2) states that a member of a criminal street gang is a person who belongs to a criminal . . . street gang, as defined in section 874.03(1), and who meets two or more of eight other criteria set . . . No evidence was introduced to show that they met two of the criteria enumerated in section 874.03(2). . . . See § 874.03(2)(d), Fla. Stat. (1995). But meeting one of the criteria is not enough. . . .

O. C. A v. STATE, 722 So. 2d 839 (Fla. Dist. Ct. App. 1998)

. . . Section 874.03, the definition section of the statute, defines a “criminal street gang” as an organization . . . individually or collectively, engage in or have engaged in a pattern of criminal street gang activity. § 874.03 . . . The court found UMC to be a criminal street gang as that term is defined in section 874.03(1), that O.C . . .

S. L. a v. STATE, 708 So. 2d 1006 (Fla. Dist. Ct. App. 1998)

. . . The State filed a motion to declare S.L. a criminal street gang member pursuant to section 874.03, Florida . . . Section 874.03(2), Florida Statutes (Supp. 1994), defines a criminal street gang member as one who engages . . . evidence, the trial court found that S.L. meets at least two of the enumerated criteria of section 874.03 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- NO., 690 So. 2d 1263 (Fla. 1997)

. . . Note to Judge With the following aggravating factor, definitions as appropriate from F.S. 874.03 must . . .

S. P. a v. STATE, 664 So. 2d 1064 (Fla. Dist. Ct. App. 1995)

. . . S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. . . . S.P. has filed an appeal, challenging the application of sections 874.03 and .04, Florida Statutes (1993 . . . Section 874.03(3), Florida Statutes (1993), provides as follows: “ ‘Pattern of youth and street gang . . . In 1994 the legislature amended section 874.03(3) to include “two or more delinquent acts or violations . . . this issue, we conclude that it is unnecessary for us to review the trial court’s ruling that sections 874.03 . . .