F.S. 874.05 Florida Statutes and Case Law

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVI
CRIMES

Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION

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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.

Statutes updated from Official Statutes on: March 07, 2023

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

874.05 1 - PUBLIC PEACE - RECRUIT ENCOURAGE CRIMINAL GANG 1ST OFFENSE - F: T

874.05 2 - PUBLIC PEACE - RECRUIT ENCOURAGE CRIMINAL GANG SUBSQ OFF - F: S

Civil Citations / Citable Offenses under S874.05

R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 874.05.

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

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