(1) A person, with the purpose to establish or maintain a criminal syndicate or to
facilitate any of its activities, shall not do any of the following:
(a) Organize or participate in organizing a criminal syndicate or any of its
activities;
(b) Provide material aid to a criminal syndicate or any of its activities, whether
such aid is in the form of money or other property, or credit;
(c) Manage, supervise, or direct any of the activities of a criminal syndicate, at
any level of responsibility;
(d) Knowingly furnish legal, accounting, or other managerial services to a
criminal syndicate;
(e) Commit, or conspire or attempt to commit, or act as an accomplice in the
commission of, any offense of a type in which a criminal syndicate engages on
a continuing basis;
(f) Commit, or conspire or attempt to commit or act as an accomplice in the
commission of, any offense of violence;
(g) Commit, or conspire or attempt to commit, or act as an accomplice in the
commission of bribery in violation of KRS Chapters 518 or 521, or KRS
119.205, 121.025, 121.055, 524.070, 156.465, 45A.340, 63.090, 6.080,
18A.145, or 244.600;
(h) Commit, or conspire or attempt to commit, or act as an accomplice in the
commission of more than one (1) theft of retail merchandise with the intent to
resell the stolen merchandise; or
(i) Acquire stolen retail merchandise for the purpose of reselling it where the
person knew or should have known that the merchandise had been stolen.
(2) Whoever violates this section is guilty of engaging in organized crime, which shall
be a Class B felony, unless the offense involves only the theft or acquisition of retail
merchandise for the purpose of reselling it, in which case it shall be a Class C
felony.
(3) As used in this section "criminal syndicate" means three (3) or more persons, or, in
cases of merchandise theft from a retail store for the purpose of reselling the stolen
merchandise, two (2) or more persons, collaborating to promote or engage in any of
the criminal acts provided in subsection (4)(a) to (f) of this section on a continuing
basis.
(4) As used in this section, "criminal gang syndicate" means three (3) or more persons
acting as a part of or members of a criminal gang and collaborating to promote or
engage in any of the following on a continuing basis:
(a) Extortion or coercion in violation of KRS 514.080 or 521.020;
(b) Engaging in, promoting, or permitting prostitution or human trafficking in
violation of KRS Chapter 529;
(c) Any theft offense as defined in KRS Chapter 514;
(d) Any gambling offense as defined in KRS 411.090, KRS Chapter 528, or
Section 226 of the Constitution;
(e) Illegal trafficking in controlled substances as prohibited by KRS Chapter
218A, in intoxicating or spirituous liquor as defined in KRS Chapters 242 or
244, or in destructive devices or booby traps as defined in KRS Chapter 237;
or
(f) Lending at usurious interest, and enforcing repayment by illegal means in
violation of KRS Chapter 360.
(5) Any person found to have been a member of a criminal gang syndicate while
engaging in the criminal acts listed in subsection (4) of this section shall not be
released on probation or parole until he or she has served at least eighty-five percent
(85%) of the sentence imposed.
Effective: April 26, 2018
History: Amended 2018 Ky. Acts ch. 202, sec. 3, effective April 26, 2018. -- Amended
2009 Ky. Acts ch. 106, sec. 15, effective June 25, 2009. -- Amended 2007 Ky. Acts
ch. 19, sec. 3, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 417, sec. 16,
effective December 1, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 37, effective
July 15, 1998. -- Amended 1982 Ky. Acts ch. 448, sec. 72, effective July 15, 1982. --
Amended 1980 Ky. Acts ch. 188, sec. 306, effective July 15, 1980. -- Created 1978
Ky. Acts ch. 321, sec. 1, effective June 17, 1978.
Legislative Research Commission Note (12/1/2000). The contingency on the
effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters
of the Commonwealth having ratified at the general election on November 7, 2000, a
constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad
Commission.
Notes of Decisions
Cited in
21
cases (
6 in the last 5 years), 1983–2025 · leading case:
Parker v. Commonwealth, 291 S.W.3d 647 (Ky. 2009).
Parker v. Commonwealth, 291 S.W.3d 647 (Ky. 2009).
· cites it 20× “" [7] The very nature of the offense of criminal syndication, as set forth in KRS 506.120, requires proof of underlying crimes.”
Hill v. Commonwealth, 125 S.W.3d 221 (Ky. 2004).
· cites it 16× “KRS 506.120 provides in relevant part: (1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities;…”
Brewer v. Commonwealth, 206 S.W.3d 313 (Ky. 2006).
· cites it 3× “Appellant, Rosalee Brewer, was convicted by the Owen Circuit Court of one count of engaging in organized crime, KRS 506.120, four counts of trafficking in five or more pounds of marijuana, KRS 218A.”
Dishman v. Commonwealth, 906 S.W.2d 335 (Ky. 1995).
· cites it 5× “The evidence established the efforts by Dishman to organize and participate in the “First Family” so as to promote and engage in cocaine trafficking on a continuing basis in violation of KRS 506.”
Edmonds v. Commonwealth, 906 S.W.2d 343 (Ky. 1995).
· cites it 5× “The evidence established the efforts by Edmonds to organize and participate in the “First Family” so as to promote and engage in cocaine trafficking on a continuing basis in violation of KRS 506.120. The evidence of his specific act of cocaine trafficking on February 4, 1993 was…”
Commonwealth v. Phillips, 655 S.W.2d 6 (Ky. 1983).
· cites it 4× “The opinion of the Court of Appeals held that the evidence adduced at trial was sufficient to sustain a conviction for criminal syndication, but reversed the case for a new trial holding that Phillips was entitled to an accomplice instruction, RCr 9.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004).
· cites it 2× “Additionally, defense counsel admitted during an in-chambers hearing that McCormick was under indictment in an adjacent county on a charge of engaging in organized crime, KRS 506.120, premised upon his involvement in numerous methamphetamine-manufacturing operations.”
Smith v. Peyman, 93 F. Supp. 3d 738 (E.D. Ky. 2015).
· cites it 4× “In this case, Peyman claims that he had probable cause to arrest Smith for engaging in organized crime (KRS § 506.120), abuse of public trust (KRS § 522.”
Smith v. Commonwealth, 370 S.W.3d 871 (Ky. 2012).
“He was also charged with one count of criminal syndicate (KRS 506.120). He was acquitted of that charge and, therefore, it is not relevant to this appeal.”
Yopp v. Commonwealth, 562 S.W.3d 290 (Ky. Ct. App. 2018).
“500, a Class A misdemeanor KRS 506.120, a Class B felony”
Cooper v. Commonwealth, 786 S.W.2d 875 (Ky. 1990).
· cites it 2× “Appellant was convicted of engaging in a criminal syndicate as defined in KRS 506.120. “Criminal syndicate” includes five or more persons collaborating to promote or engage in .”
— Ky. Rev. Stat. § 506.120(1) — 3 cases
Parker v. Commonwealth, 291 S.W.3d 647 (Ky. 2009).
“" [7] The very nature of the offense of criminal syndication, as set forth in KRS 506.120, requires proof of underlying crimes.”
— Ky. Rev. Stat. § 506.120(1)(a) — 2 cases
Hill v. Commonwealth, 125 S.W.3d 221 (Ky. 2004).
“KRS 506.120 provides in relevant part: (1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities;…”
— Ky. Rev. Stat. § 506.120(1)(b) — 1 case
— Ky. Rev. Stat. § 506.120(1)(c) — 1 case
— Ky. Rev. Stat. § 506.120(1)(e) — 1 case
— Ky. Rev. Stat. § 506.120(1)(h) — 1 case
— Ky. Rev. Stat. § 506.120(1)(i) — 1 case
— Ky. Rev. Stat. § 506.120(2) — 3 cases
Hill v. Commonwealth, 125 S.W.3d 221 (Ky. 2004).
“KRS 506.120 provides in relevant part: (1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities;…”
— Ky. Rev. Stat. § 506.120(3) — 6 cases
Parker v. Commonwealth, 291 S.W.3d 647 (Ky. 2009).
“" [7] The very nature of the offense of criminal syndication, as set forth in KRS 506.120, requires proof of underlying crimes.”
Hill v. Commonwealth, 125 S.W.3d 221 (Ky. 2004).
“KRS 506.120 provides in relevant part: (1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities;…”
Edmonds v. Commonwealth, 906 S.W.2d 343 (Ky. 1995).
“The evidence established the efforts by Edmonds to organize and participate in the “First Family” so as to promote and engage in cocaine trafficking on a continuing basis in violation of KRS 506.120. The evidence of his specific act of cocaine trafficking on February 4, 1993 was…”
— Ky. Rev. Stat. § 506.120(3)(c) — 2 cases
— Ky. Rev. Stat. § 506.120(3)(e) — 3 cases
Hill v. Commonwealth, 125 S.W.3d 221 (Ky. 2004).
“KRS 506.120 provides in relevant part: (1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities;…”
Cooper v. Commonwealth, 786 S.W.2d 875 (Ky. 1990).
“Appellant was convicted of engaging in a criminal syndicate as defined in KRS 506.120. “Criminal syndicate” includes five or more persons collaborating to promote or engage in .”
— Ky. Rev. Stat. § 506.120(4)(e) — 1 case
— Ky. Rev. Stat. § 506.120(l)(a) — 1 case
Smith v. Peyman, 93 F. Supp. 3d 738 (E.D. Ky. 2015).
“In this case, Peyman claims that he had probable cause to arrest Smith for engaging in organized crime (KRS § 506.120), abuse of public trust (KRS § 522.”
— Ky. Rev. Stat. § 506.120(l)(b) — 1 case
— Ky. Rev. Stat. § 506.120(l)(c) — 1 case
— Ky. Rev. Stat. § 506.120(l)(e) — 2 cases
Edmonds v. Commonwealth, 906 S.W.2d 343 (Ky. 1995).
“The evidence established the efforts by Edmonds to organize and participate in the “First Family” so as to promote and engage in cocaine trafficking on a continuing basis in violation of KRS 506.120. The evidence of his specific act of cocaine trafficking on February 4, 1993 was…”
— Ky. Rev. Stat. § 506.120(l)(h) — 1 case
— Ky. Rev. Stat. § 506.120(l)(i) — 1 case
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