§ 521. — Criminal street gangs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC521]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 26--CRIMINAL STREET GANGS
Sec. 521. Criminal street gangs
(a) Definitions.--
``conviction'' includes a finding, under State or Federal law,
that a person has committed an act of juvenile delinquency involving
a violent or controlled substances felony.
``criminal street gang'' means an ongoing group, club,
organization, or association of 5 or more persons--
(A) that has as 1 of its primary purposes the commission of
1 or more of the criminal offenses described in subsection (c);
(B) the members of which engage, or have engaged within the
past 5 years, in a continuing series of offenses described in
subsection (c); and
(C) the activities of which affect interstate or foreign
commerce.
``State'' means a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.
(b) Penalty.--The sentence of a person convicted of an offense
described in subsection (c) shall be increased by up to 10 years if the
offense is committed under the circumstances described in subsection
(d).
(c) Offenses.--The offenses described in this section are--
(1) a Federal felony involving a controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)) for which the maximum penalty is not less than 5 years;
(2) a Federal felony crime of violence that has as an element
the use or attempted use of physical force against the person of
another; and
(3) a conspiracy to commit an offense described in paragraph (1)
or (2).
(d) Circumstances.--The circumstances described in this section are
that the offense described in subsection (c) was committed by a person
who--
(1) participates in a criminal street gang with knowledge that
its members engage in or have engaged in a continuing series of
offenses described in subsection (c);
(2) intends to promote or further the felonious activities of
the criminal street gang or maintain or increase his or her position
in the gang; and
(3) has been convicted within the past 5 years for--
(A) an offense described in subsection (c);
(B) a State offense--
(i) involving a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C.
802)) for which the maximum penalty is not less than 5
years' imprisonment; or
(ii) that is a felony crime of violence that has as an
element the use or attempted use of physical force against
the person of another;
(C) any Federal or State felony offense that by its nature
involves a substantial risk that physical force against the
person of another may be used in the course of committing the
offense; or
(D) a conspiracy to commit an offense described in
subparagraph (A), (B), or (C).
(Added Pub. L. 103-322, title XV, Sec. 150001(a), Sept. 13, 1994, 108
Stat. 2034; amended Pub. L. 104-294, title VI, Sec. 607(q), Oct. 11,
1996, 110 Stat. 3513; Pub. L. 107-273, div. B, title IV,
Sec. 4002(b)(3), Nov. 2, 2002, 116 Stat. 1807.)
Amendments
2002--Subsec. (a). Pub. L. 107-273 realigned margins of par.
defining ``State''.
1996--Subsec. (a). Pub. L. 104-294 inserted par. defining ``State''
at end.
