18 U.S. Code § 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
(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
felonycrime 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
offensedescribed in paragraph (1) or (2).9
(d)Circumstances.—The circumstances described in this section are that the
offensedescribed in subsection (c) was committed by a person who—
(1)participates in a
criminal street gangwith 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);
(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
felonycrime of violencethat has as an element the use or attempted use of physical force against the person of another;
(C)any Federal or
Statefelonyoffensethat 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
offensedescribed in subparagraph (A), (B), or (C).