As used in this chapter:
(1) "Criminal gang" means any alliance, network, conspiracy, or group that:
(a) Consists of three (3) or more persons who have any of the following in common:
1. Name;
2. Identifying hand signal or sign;
3. Colors;
4. Symbols;
5. Geographical location; or 6. Leader;
(b) Has been identified or prosecuted as a gang by the Commonwealth, or another state or any federal law enforcement agency; and (c) Has two (2) or more members who, individually or collectively, through its members or actions of its members engage in or have engaged in a pattern of criminal activity. "Criminal gang" does not include fraternal organizations, unions, corporations, associations, or similar entities, unless organized for the primary purpose of engaging in criminal activity; and (2) "Pattern of criminal gang activity" means acts performed on separate occasions within a five (5) year period by any member or members of a criminal gang for the commission, attempt, or solicitation of, or conspiracy to commit:
(a) Two (2) or more felony offenses;
(b) Three (3) or more of the misdemeanor offenses enumerated in KRS 506.160; or (c) A combination of at least:
1. One (1) felony offense; and 2. One (1) of the misdemeanor offenses enumerated in KRS 506.160.