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506.140 Criminal gang recruitment -- Definitions for chapter.
(1)
(2)
(3)
A person is guilty of criminal gang recruitment when he solicits or entices
another person to join a criminal gang, or intimidates or threatens another
person because the other person:
(a) Refuses to join a criminal gang;
(b) Has withdrawn or is attempting to withdraw from a criminal gang; or
(c) Refuses to submit to a demand made by a criminal gang.
As used in this chapter:
(a) "Criminal gang" means any alliance, network, or conspiracy, in law or in
fact, of five (5) or more persons with an established hierarchy that,
through its membership or through the action of any member, engages in
a continuing pattern of criminal activity. "Criminal gang" shall not include
fraternal organizations, unions, corporations, associations, or similar
entities, unless organized for the primary purpose of engaging in criminal
activity.
(b) "Continuing pattern of criminal activity" means a conviction by any
member or members of a criminal gang for the commission, attempt, or
solicitation of two (2) or more felony offenses, the commission of two (2)
or more violent misdemeanor offenses, or a combination of at least one
(1) of these felony offenses and one (1) of these violent misdemeanor
offenses, on separate occasions within a two (2) year period for the
purpose of furthering gang activity.
(c) "Violent misdemeanor offense" means KRS 508.030, 508.050, 508.070,
508.080, 508.120, 508.150, 509.030, and 509.080.
Criminal gang recruitment is a Class A misdemeanor for the first offense and a
Class D felony for a second or subsequent offense.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 431, sec. 1, effective July 14, 2000. -Created 1998 Ky. Acts ch. 606, sec. 83, effective July 15, 1998.
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