INCHOATE OFFENSES

KRS tit. L, ch. 506

in effect

KRS 506.010 Criminal attempt

506.010. Criminal attempt (1) A person is guilty of criminal attempt to commit a crime when, acting with the kind of culpability otherwise required for commission of the crime, he or she: (a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he or she believes them to be; or (b) Intentionally does or omits to do anything which, under the circumstances as he or she believes them to be, is a substantial step in a course of conduct planned to culminate in his commission of the crime. (2) Conduct shall not be held to constitute a substantial step under subsection (1)(b) of this section unless it is an act or omission which leaves no reasonable doubt as to the defendant's intention to commit the crime which he or she is charged with attempting. (3) A person is guilty of criminal attempt to commit a crime when he engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his or her conduct would establish complicity under KRS 502.020 if the crime were committed by the other person. (4) A criminal attempt is a: (a) Class C felony when the crime attempted is a violation of KRS 521.020 or 521.050; (b) Class B felony when the crime attempted is a Class A felony or capital offense; (c) Class C felony when the crime attempted is a Class B felony; (d) Class A misdemeanor when the crime attempted is a Class C or D felony; or (e) Class B misdemeanor when the crime attempted is a misdemeanor. (5) Notwithstanding KRS Chapter 532, a person who has been convicted of, or entered a plea of guilty or nolo contendere to, criminal attempt to commit murder of a first responder shall be sentenced to imprisonment for: (a) At least twenty (20) years; (b) Life; or (c) Life without benefit of probation or parole until the person has served a minimum of twenty-five (25) years. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 26, effective July 15, 2024. -- Amended 1994 Ky. Acts ch. 477, sec. 2, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 406, sec. 49, effective January 1, 1975.

KRS 506.020 Criminal attempt -- Defense of renunciation

506.020. Criminal attempt -- Defense of renunciation (1) In any prosecution for criminal attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment was insufficient to avoid the commission of the crime, took the necessary affirmative steps to prevent its commission. (2) A renunciation is not "voluntary and complete" within the meaning of this section if it is motivated in whole or in part by: (a) A belief that circumstances exist which pose a particular threat of apprehension or detection of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or (b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar object. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 50, effective January 1, 1975.

KRS 506.030 Criminal solicitation

506.030. Criminal solicitation (1) A person is guilty of criminal solicitation when, with the intent of promoting or facilitating the commission of a crime, he commands or encourages another person to engage in specific conduct which would constitute that crime or an attempt to commit that crime or which would establish the other's complicity in its commission or attempted commission. (2) A criminal solicitation is a: (a) Class C felony when the crime solicited is a violation of KRS 521.020 or 521.050; (b) Class B felony when the crime solicited is a Class A felony or capital offense; (c) Class C felony when the crime solicited is a Class B felony; (d) Class A misdemeanor when the crime solicited is a Class C or D felony; (e) Class B misdemeanor when the crime solicited is a misdemeanor. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 477, sec. 3, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 406, sec. 51, effective January 1, 1975.

KRS 506.040 Criminal conspiracy

506.040. Criminal conspiracy (1) A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he: (a) Agrees with one (1) or more persons that at least one (1) of them will engage in conduct constituting that crime or an attempt or solicitation to commit such a crime; or (b) Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime. (2) Except as provided in subsection (3) of this section, or in a specific statute to the contrary, a criminal conspiracy is a: (a) Class C felony when the conspiratorial agreement is a violation of KRS 521.020 or 521.050; (b) Class B felony when the object of the conspiratorial agreement is a Class A felony or capital offense; (c) Class C felony when the object of the conspiratorial agreement is a Class B felony; (d) Class A misdemeanor when the object of the conspiratorial agreement is a Class C or D felony; (e) Class B misdemeanor when the object of the conspiratorial agreement is a misdemeanor. (3) Any person who is eighteen (18) years of age or older who engages in a criminal conspiracy with a minor shall be charged one (1) level higher than the level provided for the offense which is the object of the conspiratorial agreement . Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 38, effective July 15, 2024. -- Amended 1994 Ky. Acts ch. 477, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 441, sec. 25, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 181, sec. 2, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 52, effective January 1, 1975.

KRS 506.050 Conspiracy -- General provisions

506.050. Conspiracy -- General provisions (1) No person may be convicted of conspiracy to commit a crime unless an overt act in furtherance of the conspiracy is alleged and proved to have been committed by one (1) of the conspirators. (2) A person who conspires to commit more than one (1) crime, all of which are the object of the same agreement or continuous conspiratorial relationship, is guilty of only one (1) conspiracy. The classification of this crime under subsection (2) of KRS 506.040 shall be determined by the most serious offense which he is found guilty of conspiring to commit. (3) If a person guilty of conspiracy, as defined by KRS 506.040, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit the crime with the other person or persons, whether or not he knows their identity. (4) No person may be convicted of conspiracy to commit a crime when an element of that crime is agreement with the person with whom he is alleged to have conspired or when that crime is so defined that his conduct is an inevitable incident to its commission. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 53, effective January 1, 1975.

KRS 506.060 Criminal solicitation or conspiracy -- Defense of renunciation

506.060. Criminal solicitation or conspiracy -- Defense of renunciation (1) In any prosecution for criminal solicitation or criminal conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant prevented the commission of the crime. (2) A renunciation is not "voluntary and complete" within the meaning of this section when it is motivated in whole or in part by: (a) A belief that circumstances exist which pose a particular threat of apprehension or detection of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or (b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar object. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 54, effective January 1, 1975.

KRS 506.070 Incapacity of solicitee or co-conspirator

506.070. Incapacity of solicitee or co-conspirator (1) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the crime solicited. (2) It is no defense to a prosecution for criminal conspiracy that a co-conspirator could not be guilty of the conspiracy or the crime contemplated by the conspiracy because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conspiracy or the conduct contemplated by the conspiracy or of the defendant's criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the conspiracy or the crime contemplated by the conspiracy. (3) A defendant cannot be convicted of conspiracy if all of his co-conspirators have been acquitted or discharged under circumstances amounting to an acquittal. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 55, efffective January 1, 1975.

KRS 506.080 Criminal facilitation

506.080. Criminal facilitation (1) A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids such person to commit the crime. (2) Criminal facilitation is a: (a) Class D felony when the crime facilitated is a Class A or Class B felony or capital offense; (b) Class A misdemeanor when the crime facilitated is a Class C or Class D felony; (c) Class B misdemeanor when the crime facilitated is a misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 56, effective January 1, 1975.

KRS 506.090 Criminal facilitation -- No defense

506.090. Criminal facilitation -- No defense In any prosecution for criminal facilitation, it is no defense that: (1) The person facilitated could not be guilty of the crime facilitated because of criminal irresponsibility or other legal incapacity or exemption, unawareness of the criminal nature of the conduct facilitated, or any other factor precluding the mental state required for commission of the crime facilitated; or (2) The person facilitated has not been prosecuted for or convicted of the crime facilitated, or has been convicted of a different crime, or has an immunity to prosecution or conviction for such conduct; or (3) The crime facilitated can be committed only by a particular class or classes of persons, and the accused, not belonging to such class or classes, is for that reason legally incapable of committing the crime in an individual capacity. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 57, effective January 1, 1975.

KRS 506.100 Criminal facilitation -- Exemptions

506.100. Criminal facilitation -- Exemptions A person is not guilty of criminal facilitation when: (1) The crime facilitated is so defined that his conduct is inevitably incident to its commission; or (2) Prior to the commission of the crime facilitated he makes a substantial effort to prevent the commission of that crime. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 58, effective January 1, 1975.

KRS 506.110 Multiple convictions

506.110. Multiple convictions (1) A person may not be convicted on the basis of the same course of conduct of both the actual commission of a crime and: (a) A criminal attempt to commit that crime; or (b) A criminal solicitation of that crime; or (c) A criminal facilitation of that crime; or (d) A conspiracy to commit that crime, except as provided in subsection (2) of this section. (2) A person may be convicted on the basis of the same course of conduct of both the actual commission of a crime and a conspiracy to commit that crime when the conspiracy from which the consummated crime resulted had as an objective of the conspiratorial relationship the commission of more than one (1) crime. (3) A person may not be convicted of more than one (1) of the offenses defined in KRS 506.010, 506.030, 506.040 and 506.080 for a single course of conduct designed to consummate in the commission of the same crime. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 59, effective January 1, 1975.

KRS 506.120 Engaging in organized crime

506.120. Engaging in organized crime (1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities; (b) Provide material aid to a criminal syndicate or any of its activities, whether such aid is in the form of money or other property, or credit; (c) Manage, supervise, or direct any of the activities of a criminal syndicate, at any level of responsibility; (d) Knowingly furnish legal, accounting, or other managerial services to a criminal syndicate; (e) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of, any offense of a type in which a criminal syndicate engages on a continuing basis; (f) Commit, or conspire or attempt to commit or act as an accomplice in the commission of, any offense of violence; (g) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of bribery in violation of KRS Chapters 518 or 521, or KRS 119.205, 121.025, 121.055, 524.070, 156.465, 45A.340, 63.090, 6.080, 18A.145, or 244.600; (h) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of more than one (1) theft of retail merchandise with the intent to resell the stolen merchandise; or (i) Acquire stolen retail merchandise for the purpose of reselling it where the person knew or should have known that the merchandise had been stolen. (2) Whoever violates this section is guilty of engaging in organized crime, which shall be a Class B felony, unless the offense involves only the theft or acquisition of retail merchandise for the purpose of reselling it, in which case it shall be a Class C felony. (3) As used in this section "criminal syndicate" means three (3) or more persons, or, in cases of merchandise theft from a retail store for the purpose of reselling the stolen merchandise, two (2) or more persons, collaborating to promote or engage in any of the criminal acts provided in subsection (4)(a) to (f) of this section on a continuing basis. (4) As used in this section, "criminal gang syndicate" means three (3) or more persons acting as a part of or members of a criminal gang and collaborating to promote or engage in any of the following on a continuing basis: (a) Extortion or coercion in violation of KRS 514.080 or 521.020; (b) Engaging in, promoting, or permitting prostitution or human trafficking in violation of KRS Chapter 529; (c) Any theft offense as defined in KRS Chapter 514; (d) Any gambling offense as defined in KRS 411.090, KRS Chapter 528, or Section 226 of the Constitution; (e) Illegal trafficking in controlled substances as prohibited by KRS Chapter 218A, in intoxicating or spirituous liquor as defined in KRS Chapters 242 or 244, or in destructive devices or booby traps as defined in KRS Chapter 237; or (f) Lending at usurious interest, and enforcing repayment by illegal means in violation of KRS Chapter 360. (5) Any person found to have been a member of a criminal gang syndicate while engaging in the criminal acts listed in subsection (4) of this section shall not be released on probation or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed. Effective: April 26, 2018 History: Amended 2018 Ky. Acts ch. 202, sec. 3, effective April 26, 2018. -- Amended 2009 Ky. Acts ch. 106, sec. 15, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 19, sec. 3, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 417, sec. 16, effective December 1, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 37, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 448, sec. 72, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 306, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 321, sec. 1, effective June 17, 1978. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 506.130 Repealed, 2000

506.130. Repealed, 2000 Catchline at repeal: Engaging in furtherance of criminal gang activity -- Enhancement of penalty. History: Repealed 2000 Ky. Acts ch. 431, sec. 3, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 82, effective July 15, 1998.

KRS 506.135 Definitions for chapter

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 offenses; (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: Created 2018 Ky. Acts ch. 202, sec. 1, effective April 26, 2018.

KRS 506.140 Criminal gang recruitment

506.140. Criminal gang recruitment (1) (a) Any person who is age eighteen (18) or older is guilty of criminal gang recruitment in the first degree if he or she: 1. Solicits or entices any person under the age of fifteen (15) to join a criminal gang; and 2. Requires as a condition of membership the commission of a crime. (b) Criminal gang recruitment in the first degree is a Class C felony for the first offense and a Class B felony for a second or subsequent offense. (2) (a) Any person over the age of eighteen (18) is guilty of criminal gang recruitment in the second degree if he or she entices or solicits another person to join a criminal gang or intimidates or threatens another person because the other person: 1. Refuses to join a criminal gang; 2. Has withdrawn or is attempting to withdraw from a criminal gang; or 3. Refuses to submit to a demand made by a criminal gang. (b) Criminal gang recruitment in the second degree is a Class D felony for the first offense and a Class C felony for a second or subsequent offense. (3) (a) Any person under the age of eighteen (18) is guilty of criminal gang recruitment in the third degree when he or she intentionally encourages or solicits another person to join a criminal gang. (b) Criminal gang recruitment in the third degree is a Class A misdemeanor for the first offense and a Class D felony for a second or subsequent offense. (4) It shall be no defense to prosecution under this section that the other person never intended to or did not commit the crime. Effective: April 26, 2018 History: Repealed and reenacted 2018 Ky. Acts ch. 202, sec. 2, effective April 26, 2018. -- Amended 2000 Ky. Acts ch. 431, sec. 1, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 83, effective July 15, 1998.

KRS 506.150 Criminal gang activity or recruitment -- Actions not constituting defenses

506.150. Criminal gang activity or recruitment -- Actions not constituting defenses (1) To establish the existence of a "criminal gang" as defined in KRS 506.135, competent evidence that is probative of the existence of or membership in a criminal gang shall be admissible, including two (2) or more of the following: (a) Self-proclamation, either at the time of arrest or any time before or thereafter; (b) A common name, insignia, flag, or means of recognition; (c) Common identifying hand or body signs, signals, graffiti, or code; (d) A common identifying mode, style, or color of dress; (e) An identifying tattoo or body marking; (f) Membership, age, or other qualifications; (g) Creed of belief; (h) An organizational or command structure, overt or covert; (i) A de facto claim of territory or jurisdiction; (j) Participation, whether present or under direction, in an initiation ritual; (k) Directing or ordering participation in an initiation ritual; (l) A concentration or specialty; (m) A method of operation or criminal enterprise; (n) Identification as a gang member by a reliable informant; (o) Identification as a criminal gang member by the alleged gang member's parent or guardian; (p) Self-proclamation of association, whether for business or enjoyment, with criminal gang members; (q) Identification through criminal gang publications, rosters, or bylaws; (r) Participation in some form of verbal or written communication indicating the commission of a crime by the criminal gang; (s) Participation in photos or social media interaction with criminal gang members promoting or furthering criminal activity; or (t) Having committed or planning to commit crime or a criminal activity to target a rival criminal gang. (2) It is no defense to prosecution under KRS 506.120, 506.140, 506.160, or 506.170 that: (a) One (1) or more members of the gang are not criminally responsible for the offense; (b) One (1) or more members of the gang have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are under prosecution; (c) A person has been charged with, acquitted, or convicted of any offense under KRS 506.120, 506.140, 506.160, or 506.170; (d) The participants may not know each other's identity; (e) The membership in the criminal gang may change from time to time; or (f) The participants may stand in a wholesaler-retailer or other arm's length arrangement in the conduct of illicit distribution or other operations. (3) Once the initial combination of three (3) or more persons is formed, the number or identity of persons remaining in the gang is immaterial as long as two (2) or more persons in the gang, excluding the defendant, are involved in a continuing pattern of criminal gang activity constituting a violation of KRS 506.120, 506.140, 506.160, or 506.170. Effective: April 26, 2018 History: Amended 2018 Ky. Acts ch. 202, sec. 4, effective April 26, 2018. -- Amended 2000 Ky. Acts ch. 431, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 84, effective July 15, 1998.

KRS 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

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 (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; (c) Wanton endangerment in the second degree under KRS 508.070; (d) Terroristic threatening in the third degree under KRS 508.080; (e) Unlawful imprisonment in the second degree under KRS 509.030; (f) Criminal coercion under KRS 509.080; (g) Criminal mischief in the second degree under KRS 512.030; (h) Obstructing governmental operations under KRS 519.020; (i) Resisting arrest under KRS 520.090; (j) Riot in the second degree under KRS 525.030; (k) Inciting to riot under KRS 525.040; (l) Harassment under KRS 525.070; (m) Harassing communications under KRS 525.080; (n) The misdemeanor offense of carrying a concealed deadly weapon in violation of KRS 527.020; or (o) 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 bef ore 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: July 15, 2026 History: Amended 2026 Ky. Acts ch. 67, sec. 13, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 174, sec. 13, effective August 1, 2025. -- Created 2018 Ky. Acts ch. 202, sec. 5, effective April 26, 2018.

KRS 506.170 Enhancement of penalty and minimum service of sentence for conviction of criminal gang-related felonies resulting in risk of physical injury, serious physical injury, or death -- Application to juveniles and persistent felony offenders

506.170. Enhancement of penalty and minimum service of sentence for conviction of criminal gang-related felonies resulting in risk of physical injury, serious physical injury, or death -- Application to juveniles and persistent felony offenders (1) Other provisions of law notwithstanding, a person shall be penalized one (1) class more severely than provided in the penalty provision pertaining to that felony offense, unless the reclassification would move the offense to a capital offense, and shall not be released on parole until he or she has served at least eighty-five percent (85%) of the sentence imposed, if that person: (a) Is convicted of an offense classified as a felony under any provision of the Kentucky Revised Statutes and for which the commission of the felony or felonies could or did place a member of the public at risk of physical injury, serious physical injury, or death; and (b) At the time of the commission of the offense or offenses was a member of a criminal gang as defined in KRS 506.135 and acting for the purpose of benefitting, promoting, or furthering the interests of a criminal gang or any individual member of a criminal gang. (2) This section shall not apply to a juvenile unless: (a) 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; or (b) He or she is a violent offender, as defined in KRS 439.3401. (3) This section shall not apply in cases where the defendant is found to be a persistent felony offender under KRS 532.080. Effective: April 26, 2018 History: Created 2018 Ky. Acts ch. 202, sec. 6, effective April 26, 2018.

KRS 506.180 Cause of action by victim of criminal gang incident against defendant for damages

506.180. Cause of action by victim of criminal gang incident against defendant for damages (1) If a person alleges that he or she was a victim of a criminal act by: (a) An organization, which at the time the incident or incidents were alleged to take place was a criminal gang as defined in KRS 506.135; or (b) A person, who at time the incident or incidents were alleged to take place was a member of a criminal gang as defined in KRS 506.135; that person may bring a cause of action against the defendant or defendants for damages. (2) In an action brought under this section: (a) If the plaintiff prevails, he or she shall be entitled to reasonable costs and attorney's fees; (b) Any award of nominal damages to the plaintiff shall support an award of attorney's fees and costs; and (c) Punitive damages as well as compensatory damages shall be awardable. (3) This section shall not be construed as repealing any provision of KRS 431.080 or any other applicable statute or any statutory or common law right of action, but shall be construed as ancillary and supplemental thereto. Effective: April 26, 2018 History: Created 2018 Ky. Acts ch. 202, sec. 7, effective April 26, 2018.

KRS 506.190 Criminal gang-related property subject to forfeiture under same criteria and process as set out in KRS 218A.405 to 218A.460

506.190. Criminal gang-related property subject to forfeiture under same criteria and process as set out in KRS 218A.405 to 218A.460 All property used in connection with or acquired by a criminal gang as defined in KRS 506.135 or any of its members in committing, attempting to commit, or facilitating the commission of a criminal offense shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS 218A.405 to 218A.460. Effective: April 26, 2018 History: Created 2018 Ky. Acts ch. 202, sec. 8, effective April 26, 2018.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39370Fetched: 10/20/2026