Criminal Gang Activity Overview

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Questions and Answers

What is the classification for the first offense of criminal gang recruitment in the second degree?

Class D felony (correct)
Class A misdemeanor
Class C felony
Class B felony

What is the classification for criminal gang recruitment in the third degree for a person under eighteen for their first offense?

Class A misdemeanor (correct)
Class C felony
Class B felony
Class D felony

What is true regarding defenses against prosecution for criminal gang recruitment?

The age of the person being recruited can be a defense.
It is a defense if the person being solicited did not intend to join.
There are no defenses available in such cases. (correct)
The specific criminal gang must be named as a defense.

What classification does a second or subsequent offense of criminal gang recruitment in the second degree receive?

Class C felony (B) Signup and view all the answers

Which of the following describes the intent required for criminal gang recruitment in the third degree?

Intentional encouragement or solicitation (C) Signup and view all the answers

What is the consequence for a first offense of criminal gang recruitment in the third degree if a person is under eighteen?

Class A misdemeanor (A) Signup and view all the answers

What defines a 'criminal gang' according to the provided information?

An entity organized primarily for criminal activity. (D) Signup and view all the answers

What is considered a 'pattern of criminal gang activity'?

Acts occurring on separate occasions within a five-year period. (A) Signup and view all the answers

What combination of offenses is specified for a criminal gang to meet the 'pattern of criminal gang activity' criteria?

One felony offense and one misdemeanor offense. (A) Signup and view all the answers

What is the penalty for a first offense of criminal gang recruitment in the first degree?

Class C felony. (C) Signup and view all the answers

What defines criminal gang recruitment in the second degree?

Enticing someone to join a gang or intimidating them for refusing. (A) Signup and view all the answers

Which of the following situations would classify as a 'criminal gang recruitment in the first degree' offense?

Encouraging someone under 15 to join the gang and requiring a crime as a condition. (B) Signup and view all the answers

What is the consequence for someone over 18 who threatens another for refusing to join a gang?

Criminal gang recruitment in the second degree. (B) Signup and view all the answers

What duration is specified for acts to be considered as part of a 'pattern of criminal gang activity'?

Five years. (A) Signup and view all the answers

Which statement accurately reflects the conditions under which prosecution for gang-related offenses may occur?

The prosecution can proceed even if some gang members are acquitted. (A) Signup and view all the answers

What is stated about the identity of gang members in relation to criminal activity?

Participants may not know each other's identity and prosecution can still occur. (B) Signup and view all the answers

How does the law treat changes in gang membership over time?

As long as two or more persons remain, the identity is irrelevant for prosecution. (C) Signup and view all the answers

Which of the following is NOT a defense against prosecution for gang-related offenses?

One or more members being minors. (A) Signup and view all the answers

What constitutes a violative pattern of gang activity under the law?

A combination of three or more persons involved in a continuing pattern of criminal activity. (B) Signup and view all the answers

What is indicated about gang-related felonies resulting in physical injury?

There are enhanced penalties for gang-related felonies that result in injury or death. (B) Signup and view all the answers

Which statement best describes the recruitment efforts of criminal gangs?

Criminal gangs may actively recruit members from various demographics. (A) Signup and view all the answers

Which constitutional amendments may affect the prosecution of gang members?

Fifth Amendment protections against self-incrimination apply to gang members. (D) Signup and view all the answers

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Study Notes

Criminal Gangs Definition

"Criminal gang" excludes fraternal organizations, unions, corporations, or associations unless primarily engaged in criminal activity.
"Pattern of criminal gang activity" defined by multiple acts within a five-year period by gang members, including:
- At least two felony offenses.
- At least three misdemeanor offenses outlined in KRS 506.160.
- A combination of one felony offense and one misdemeanor offense.

Criminal Gang Recruitment

Criminal gang recruitment laws categorize offenses based on the age of the offender and severity:
- First Degree (Class C/B felony): Adults over 18 soliciting individuals under 15 to join a gang with crime commission as a condition.
- Second Degree (Class D/C felony): Adults over 18 enticing or threatening others to join or remain in a gang.
- Third Degree (Class A misdemeanor/Class D felony): Individuals under 18 encouraging others to join a gang.
Intention of the solicited person to commit a crime is not a defense.

Defenses in Criminal Gang Activity Cases

Prosecution under KRS 506.120, 506.140, 506.160, or 506.170 is unaffected by:
- Lack of criminal responsibility of gang members.
- Acquittals or different convictions of gang members.
- Uncertainty of participants' identities.
- Changing membership within the gang.
- Arm's length arrangements in illicit distributions.
The ongoing involvement of at least two members is crucial regardless of changes in gang composition.

Penalties and Sentence Enhancements

Convictions related to criminal gang activity that endanger physical safety may lead to enhanced penalties.
Specific provisions apply to juveniles and persistent felony offenders regarding sentence minimums.

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