Kentucky Statutes 506.160 – Minimum service of sentence required if convicted defendant was member of criminal gang acting for the purpose of benefitting, promoting, or furthering the interest of criminal gang
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(1) If a defendant is alleged by the prosecuting attorney to have been a member of a criminal gang as defined in KRS § 506.135, at the time of the commission of the offense, upon conviction of the offense there shall be a separate proceeding from that proceeding which resulted in the defendant’s conviction if the defendant was convicted of:
(a) Assault in the fourth degree under KRS § 508.030; (b) Menacing under KRS § 508.050;
For details, see § 532.090
(c) Wanton endangerment in the second degree under KRS § 508.070; (d) Terroristic threatening in the third degree under KRS § 508.080;
(e) Stalking in the second degree under KRS § 508.150;
(f) Unlawful imprisonment in the second degree under KRS § 509.030; (g) Criminal coercion under KRS § 509.080;
(h) Criminal mischief in the second degree under KRS § 512.030; (i) Criminal mischief in the third degree under KRS § 512.040;
(j) Obstructing governmental operations under KRS § 519.020; (k) Resisting arrest under KRS § 520.090;
(l) Riot in the second degree under KRS § 525.030; (m) Inciting to riot under KRS § 525.040;
(n) Harassment under KRS § 525.070;
(o) Harassing communications under KRS § 525.080;
(p) The misdemeanor offense of carrying a concealed deadly weapon in violation of KRS § 527.020; or
(q) Possession of a handgun by a minor as a first offense under KRS § 527.100.
(2) The proceeding described in subsection (1) of this section shall be conducted before the court sitting with the jury that found the defendant guilty of the offense unless the court for good cause discharges that jury and impanels a new jury for that purpose. If the jury determines beyond a reasonable doubt that the defendant is or was a member of a criminal gang, acting for the purpose of benefitting, promoting, or furthering the interest of a criminal gang at the time he or she committed the offense, he or she shall not be released for a minimum of seventy-six (76) to ninety (90) days of the sentence imposed if the offense he or she is convicted of is classified as a Class B misdemeanor, or for a minimum of three hundred eleven (311) to three hundred sixty-five (365) days if the offense he or she is convicted of is classified as a Class A misdemeanor.
(3) This section shall not apply to a juvenile unless he or she has been transferred to Circuit Court as a youthful offender pursuant to KRS § 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 5, effective April 26, 2018.
(a) Assault in the fourth degree under KRS § 508.030; (b) Menacing under KRS § 508.050;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 506.160
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
(c) Wanton endangerment in the second degree under KRS § 508.070; (d) Terroristic threatening in the third degree under KRS § 508.080;
(e) Stalking in the second degree under KRS § 508.150;
(f) Unlawful imprisonment in the second degree under KRS § 509.030; (g) Criminal coercion under KRS § 509.080;
(h) Criminal mischief in the second degree under KRS § 512.030; (i) Criminal mischief in the third degree under KRS § 512.040;
(j) Obstructing governmental operations under KRS § 519.020; (k) Resisting arrest under KRS § 520.090;
(l) Riot in the second degree under KRS § 525.030; (m) Inciting to riot under KRS § 525.040;
(n) Harassment under KRS § 525.070;
(o) Harassing communications under KRS § 525.080;
(p) The misdemeanor offense of carrying a concealed deadly weapon in violation of KRS § 527.020; or
(q) Possession of a handgun by a minor as a first offense under KRS § 527.100.
(2) The proceeding described in subsection (1) of this section shall be conducted before the court sitting with the jury that found the defendant guilty of the offense unless the court for good cause discharges that jury and impanels a new jury for that purpose. If the jury determines beyond a reasonable doubt that the defendant is or was a member of a criminal gang, acting for the purpose of benefitting, promoting, or furthering the interest of a criminal gang at the time he or she committed the offense, he or she shall not be released for a minimum of seventy-six (76) to ninety (90) days of the sentence imposed if the offense he or she is convicted of is classified as a Class B misdemeanor, or for a minimum of three hundred eleven (311) to three hundred sixty-five (365) days if the offense he or she is convicted of is classified as a Class A misdemeanor.
(3) This section shall not apply to a juvenile unless he or she has been transferred to Circuit Court as a youthful offender pursuant to KRS § 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 5, effective April 26, 2018.