Ky. Rev. Stat. § 506.135

Current through Acts Received April 24, 2024

Section 506.135 - Definitions for chapter

As used in this chapter:

(1) "Criminal gang" means any alliance, network, conspiracy, or group that:

(a) Consists of three (3) or more persons who have any of the following in common:

1. Name;

2. Identifying hand signal or sign;

3. Colors;

4. Symbols;

5. Geographical location; or

6. Leader;

(b) Has been identified or prosecuted as a gang by the Commonwealth, or another state or any federal law enforcement agency; and

(c) Has two (2) or more members who, individually or collectively, through its members or actions of its members engage in or have engaged in a pattern of criminal activity. "Criminal gang" does not include fraternal organizations, unions, corporations, associations, or similar entities, unless organized for the primary purpose of engaging in criminal activity; and

(2) "Pattern of criminal gang activity" means acts performed on separate occasions within a five (5) year period by any member or members of a criminal gang for the commission, attempt, or solicitation of, or conspiracy to commit:

(a) Two (2) or more felony offenses;

(b) Three (3) or more of the misdemeanor offenses enumerated in KRS 506.160; or

(c) A combination of at least:

1. One (1) felony offense; and

2. One (1) of the misdemeanor offenses enumerated in KRS 506.160.

KRS 506.135

Added by 2018 Ky. Acts ch. 202,§ 1, eff. 4/26/2018.