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U.S. Code as of:
01/19/04
Section 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).
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