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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(b) Has withdrawn or is attempting to withdraw from a criminal gang; or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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