Kentucky Revised Statutes Title L. Kentucky Penal Code § 506.150.Criminal gang activity or recruitment; actions not constituting defenses

(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.

(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.