Kentucky Statutes 506.135 – Definitions for chapter
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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.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 1, effective April 26, 2018.
(1) “Criminal gang” means any alliance, network, conspiracy, or group that:
Terms Used In Kentucky Statutes 506.135
- 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. See Kentucky Statutes 506.135 - Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(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.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 1, effective April 26, 2018.