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 of fenses; (b) Three (3) or more of the misdemeanor offenses enumerated in KRS 506.160; or (c) A combination of at on, attempt, or solicitation of, or conspiracy to commit: (a) Two (2) or more felony of fenses; (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: Creat ed 2018 Ky. Acts ch. 202, sec. 1, effective April 26, 2018.
Kentucky Legal Code