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;(3) a Federal offense involving human trafficking, sexual abuse, sexual exploitation, or transportation for prostitution or any illegal sexual activity; and(4) a conspiracy to commit an offense described in paragraph (1), (2), or (3).(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, §150001(a), Sept. 13, 1994, 108 Stat. 2034; amended Pub. L. 104-294, title VI, §607(q), Oct. 11, 1996, 110 Stat. 3513; Pub. L. 107-273, div. B, title IV, §4002(b)(3), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 115-392, §12, Dec. 21, 2018, 132 Stat. 5255.EDITORIAL NOTES
AMENDMENTS2018-Subsec. (c)(3), (4). Pub. L. 115-392 added par. (3), redesignated former par. (3) as (4), and in par. (4), substituted "(1), (2), or (3)" for "(1) or (2)".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.