As used in this chapter:

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

   1. (a) Consists of three (3) or more persons who have any of the following in Identifying hand signal or sign; common: 1. Name; 2. 3. Colors; 4. 5. Geographical location; or 6. Symbols; Leader;
   2. (b) Has been identified or prosecuted as a gang by the Commonwealth, or another state or any federal law enforcement agency; and
   3. (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 "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:
   4. (a) Two (2) or more felony offenses;
   5. (b) Three (3) or more of the misdemeanor offenses enumerated in KRS 506.160;
2. (2) or
3. (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.