The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION

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F.S. 874.05

874.05 Causing, encouraging, soliciting, or recruiting criminal gang membership.—

(1)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who commits a second or subsequent violation of this subsection commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 38, ch. 96-388; s. 10, ch. 2008-238; s. 2, ch. 2013-80.

F.S. 874.05 on Google Scholar

F.S. 874.05 on Casetext

Amendments to 874.05

Arrestable Offenses / Crimes under Fla. Stat. 874.05

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

S874.05 1 - PUBLIC PEACE - RENUMBERED. SEE REC # 7515 - F: T

S874.05 1a - PUBLIC PEACE - RECRUIT ENCOURAGE CRIMINAL GANG 1ST OFFENSE - F: T

S874.05 1b - PUBLIC PEACE - RECRUIT ENCOURAGE CRIMINAL GANG SUBSQ OFF - F: S

S874.05 2 - PUBLIC PEACE - RENUMBERED. SEE REC #S 7516, 7517 AND 7518 - F: S

S874.05 2a - PUBLIC PEACE - RECRUIT ENCOURAGE CRIM GANG 1ST OFF UNDER 13 - F: S

S874.05 2b - PUBLIC PEACE - RECRUIT ENCOURAGE CRIM GANG SUBSQ OFF UNDER 13 - F: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Naymontie Enoch appeals his convictions and sentences pursuant to sections 874.05(1) and 874.11, Florida . . . Concluding that section 874.05(1) is constitutional, we affirm the conviction and sentence on that count . . . Enoch’s argument, however, misconstrues section 874.05(1). . . . Enoch’s “freedom of speech” challenge to section 874.05(1) fails. . . . To summarize, we conclude that section 874.05(1) passes constitutional muster. . . .