Kentucky Statutes 506.150 – Criminal gang activity or recruitment — Actions not constituting defenses
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(1) To establish the existence of a “criminal gang” as defined in KRS § 506.135, competent evidence that is probative of the existence of or membership in a criminal gang shall be admissible, including two (2) or more of the following:
(a) Self-proclamation, either at the time of arrest or any time before or thereafter; (b) A common name, insignia, flag, or means of recognition;
(c) Common identifying hand or body signs, signals, graffiti, or code; (d) A common identifying mode, style, or color of dress;
(e) An identifying tattoo or body marking;
(f) Membership, age, or other qualifications; (g) Creed of belief;
(h) An organizational or command structure, overt or covert; (i) A de facto claim of territory or jurisdiction;
(j) Participation, whether present or under direction, in an initiation ritual; (k) Directing or ordering participation in an initiation ritual;
(l) A concentration or specialty;
(m) A method of operation or criminal enterprise;
(n) Identification as a gang member by a reliable informant;
(o) Identification as a criminal gang member by the alleged gang member’s parent or guardian;
(p) Self-proclamation of association, whether for business or enjoyment, with criminal gang members;
(q) Identification through criminal gang publications, rosters, or bylaws;
(r) Participation in some form of verbal or written communication indicating the commission of a crime by the criminal gang;
(s) Participation in photos or social media interaction with criminal gang members promoting or furthering criminal activity; or
(t) Having committed or planning to commit crime or a criminal activity to target a rival criminal gang.
(2) It is no defense to prosecution under KRS § 506.120, 506.140, 506.160, or 506.170 that:
(a) One (1) or more members of the gang are not criminally responsible for the offense;
(b) One (1) or more members of the gang have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are under prosecution;
(c) A person has been charged with, acquitted, or convicted of any offense under
KRS § 506.120, 506.140, 506.160, or 506.170;
(d) The participants may not know each other’s identity;
(e) The membership in the criminal gang may change from time to time; or
(f) The participants may stand in a wholesaler-retailer or other arm’s length arrangement in the conduct of illicit distribution or other operations.
(3) Once the initial combination of three (3) or more persons is formed, the number or identity of persons remaining in the gang is immaterial as long as two (2) or more persons in the gang, excluding the defendant, are involved in a continuing pattern of criminal gang activity constituting a violation of KRS § 506.120, 506.140, 506.160, or 506.170.
Effective: April 26, 2018
History: Amended 2018 Ky. Acts ch. 202, sec. 4, effective April 26, 2018. — Amended
2000 Ky. Acts ch. 431, sec. 2, effective July 14, 2000. — Created 1998 Ky. Acts ch.
606, sec. 84, effective July 15, 1998.
(a) Self-proclamation, either at the time of arrest or any time before or thereafter; (b) A common name, insignia, flag, or means of recognition;
Terms Used In Kentucky Statutes 506.150
- Arrest: Taking physical custody of a person by lawful authority.
- 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 - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Kentucky Statutes 506.135
(c) Common identifying hand or body signs, signals, graffiti, or code; (d) A common identifying mode, style, or color of dress;
(e) An identifying tattoo or body marking;
(f) Membership, age, or other qualifications; (g) Creed of belief;
(h) An organizational or command structure, overt or covert; (i) A de facto claim of territory or jurisdiction;
(j) Participation, whether present or under direction, in an initiation ritual; (k) Directing or ordering participation in an initiation ritual;
(l) A concentration or specialty;
(m) A method of operation or criminal enterprise;
(n) Identification as a gang member by a reliable informant;
(o) Identification as a criminal gang member by the alleged gang member’s parent or guardian;
(p) Self-proclamation of association, whether for business or enjoyment, with criminal gang members;
(q) Identification through criminal gang publications, rosters, or bylaws;
(r) Participation in some form of verbal or written communication indicating the commission of a crime by the criminal gang;
(s) Participation in photos or social media interaction with criminal gang members promoting or furthering criminal activity; or
(t) Having committed or planning to commit crime or a criminal activity to target a rival criminal gang.
(2) It is no defense to prosecution under KRS § 506.120, 506.140, 506.160, or 506.170 that:
(a) One (1) or more members of the gang are not criminally responsible for the offense;
(b) One (1) or more members of the gang have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are under prosecution;
(c) A person has been charged with, acquitted, or convicted of any offense under
KRS § 506.120, 506.140, 506.160, or 506.170;
(d) The participants may not know each other’s identity;
(e) The membership in the criminal gang may change from time to time; or
(f) The participants may stand in a wholesaler-retailer or other arm’s length arrangement in the conduct of illicit distribution or other operations.
(3) Once the initial combination of three (3) or more persons is formed, the number or identity of persons remaining in the gang is immaterial as long as two (2) or more persons in the gang, excluding the defendant, are involved in a continuing pattern of criminal gang activity constituting a violation of KRS § 506.120, 506.140, 506.160, or 506.170.
Effective: April 26, 2018
History: Amended 2018 Ky. Acts ch. 202, sec. 4, effective April 26, 2018. — Amended
2000 Ky. Acts ch. 431, sec. 2, effective July 14, 2000. — Created 1998 Ky. Acts ch.
606, sec. 84, effective July 15, 1998.