§521 Criminal street gangs

Summary

Adds up to 10 years to a federal prison sentence when certain serious federal crimes are done in connection with a gang. "Conviction" also includes a juvenile finding for a violent or drug felony. A "criminal street gang" is an ongoing group, club, or association of five or more people that mainly exists to commit one or more of the covered crimes, whose members have carried out a continuing series of those crimes (or did so within the past 5 years), and whose activities affect interstate or foreign commerce. The covered crimes are: a federal drug felony with a maximum penalty of at least 5 years; a federal felony of violence that requires use or attempted use of physical force; federal human trafficking, sexual abuse, sexual exploitation, or transporting people for prostitution or illegal sexual activity; and conspiracies to commit these. The sentence increase applies when the offender joins the gang knowing members commit these crimes, intends to help the gang’s illegal work or improve their rank in the gang, and has been convicted within the past 5 years of one of the listed federal offenses, a similar state drug or violent felony with a 5-year maximum or greater, a state felony that involves a substantial risk of force, or a conspiracy to commit them.