{"data":{"id":"us-ky/krs-506.170","jurisdiction":"us-ky","citation":"KRS 506.170","heading":"Enhancement of penalty and minimum service of sentence for conviction","body":"of criminal gang -related felonies resulting in risk of physical injury, serious\nphysical injury, or death -- Application to juveniles and persistent felony\noffenders.\n(1) Other provisions of law notwithstanding, a person shall be penalized one (1) class\nmore severely than provided in the penalty provision pertaining to that felony\noffense, unless the reclassification would move the offense to a capital offense, and\nshall not be released on parole until he or she has served at least eighty -five percent\n(85%) of the sentence imposed, if that person:\n(a) Is convicted of an offense classified as a felony under any provision of the\nKentucky Revised Statutes and for which the commiss ion of the felony or\nfelonies could or did place a member of the public at risk of physical injury,\nserious physical injury, or death; and\n(b) At the time of the commission of the offense or offenses was a member of a\ncriminal gang as defined in KRS 506.1 35 and acting for the purpose of\nbenefitting, promoting, or furthering the interests of a criminal gang or any\nindividual member of a criminal gang.\n(2) This section shall not apply to a juvenile unless:\n(a) He or she has been transferred to Circuit Court as a youthful offender pursuant\nto KRS 640.010 and has on at least one (1) prior separate occasion been\nadjudicated a public offender for a felony offense; or\n(b) He or she is a violent offender, as defined in KRS 439.3401.\n(3) This section shall not appl y in cases where the defendant is found to be a persistent\nfelony offender under KRS 532.080.","path":["KRS Chapter 506"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47305","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:00Z","sha256":"471ec5dd62e9996724b530365cf007996b8b83ca357745a4f831658c569eeb59","source_id":"us-ky","stale":false,"prev":"us-ky/krs-506.160","next":"us-ky/krs-506.180"},"notice":"GroundRules: Original legal text. Not legal advice."}