KANSAS STATUTES AND CODES

21-4226. Same; definitions.

21-4226

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 42.--CRIMES AGAINST THE PUBLIC SAFETY

21-4226. Same; definitions.As used in K.S.A. 21-4225 through 21-4229, and amendments thereto:

(a) "Criminal street gang" means any organization, association or group,whether formal orinformal:

(1) Consisting of three or more persons;

(2) having as one of its primary activities the commission of one or moreperson felonies,person misdemeanors, felony violations of K.S.A. 2009 Supp. 21-36a01 through21-36a17, andamendmentsthereto,or the comparablejuvenile offenses, which if committed by an adult would constitute thecommission of such felonies or misdemeanors;

(3) which has a common name or common identifying sign or symbol; and

(4) whose members, individually or collectively, engage in or have engaged inthecommission, attempted commission, conspiracy to commit or solicitation of twoormore person felonies, person misdemeanors, felony violations ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto, the comparable juvenile offenses, which if committed by an adult wouldconstitute the commission of such felonies or misdemeanors or anysubstantially similar offense from another jurisdiction.

(b) "Criminal street gang member" is a person who:

(1) Admits to criminalstreet gang membership; or

(2) meets three or more of the following criteria:

(A) Is identified as a criminal street gang member by a parent or guardian.

(B) Is identified as a criminal street gang member by a state, county or citylaw enforcementofficer or correctional officer or documented reliable informant.

(C) Is identified as a criminal street gang member by an informant ofpreviously untestedreliability and such identification is corroborated by independent information.

(D) Resides in or frequents a particular criminal street gang's area andadopts such gang'sstyle of dress, color, use of hand signs or tattoos, and associates with knowncriminalstreet gang members.

(E) Has been arrested more than once in the company of identified criminalstreet gangmembers for offenses which are consistent with usual criminal street gangactivity.

(F) Is identified as a criminal street gang member by physical evidenceincluding, but notlimited to, photographs or other documentation.

(G) Has been stopped in the company of known criminal street gang members two or moretimes.

(H) Has participated in or undergone activities self-identified or identifiedby a reliableinformant as a criminal street gang initiation ritual.

(c) "Criminal street gang activity" means the commission or attemptedcommission of, orsolicitation or conspiracy to commit, one or more person felonies, personmisdemeanors,felony violations of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or the comparable juvenile offenses, which if committed byan adult would constitute the commission of such felonies or misdemeanors onseparate occasions.

(d) "Criminal street gang associate" means a person who:

(1) Admits to criminal street gang association; or

(2) meetstwo or more defining criteriafor criminal street gang membershipdescribed insubsection (b)(2).

(e) For purposes of law enforcement identification and tracking only"gang-related incident" means an incident that, upon investigation, meetsany of the following conditions:

(1) The participants are identified as criminal street gang members orcriminal streetgang associates, acting, individually or collectively, to further any criminalpurpose ofthe gang;

(2) a state, county or city law enforcement officer or correctional officeror reliableinformant identifies an incident as criminal street gang activity; or

(3) an informant of previously untested reliability identifies anincident as criminalstreet gang activity and it is corroborated by independent information.

History: L. 2006, ch. 194, § 6;L. 2009, ch. 32, § 30; July 1.