(1) (a) Any person who is age eighteen (18) or older is guilty of criminal gang recruitment in the first degree if he or she:
1. Solicits or entices any person under the age of fifteen (15) to join a criminal gang; and 2. Requires as a condition of membership the commission of a crime.
(b) Criminal gang recruitment in the first degree is a Class C felony for the first offense and a Class B felony for a second or subsequent offense.
(2) (a) Any person over the age of eighteen (18) is guilty of criminal gang recruitment in the second degree if he or she entices or solicits another person to join a criminal gang or intimidates or threatens another person because the other person:
1. Refuses to join a criminal gang;
2. Has withdrawn or is attempting to withdraw from a criminal gang; or 3. Refuses to submit to a demand made by a criminal gang.
(b) Criminal gang recruitment in the second degree is a Class D felony for the first offense and a Class C felony for a second or subsequent offense.
(3) (a) Any person under the age of eighteen (18) is guilty of criminal gang recruitment in the third degree when he or she intentionally encourages or solicits another person to join a criminal gang.
(b) Criminal gang recruitment in the third degree is a Class A misdemeanor for the first offense and a Class D felony for a second or subsequent offense.
(4) It shall be no defense to prosecution under this section that the other person never intended to or did not commit the crime.