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Kentucky Revised Statutes Title L. Kentucky Penal Code § 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

Current as of January 01, 2024 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title L. Kentucky Penal Code § 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 - last updated January 01, 2024 | https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-506-170/

Read this complete Kentucky Revised Statutes Title L. Kentucky Penal Code § 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 on Westlaw. Westlaw subscription required.

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