§521 Criminal Street Gangs

Summary

Adds up to 10 years to a prison term when someone commits certain serious federal crimes in connection with a criminal street gang. "Conviction" here also covers a juvenile delinquency finding for a violent or drug felony. A "criminal street gang" is an ongoing group of at least 5 people that mainly exists to commit the listed crimes, whose members have carried out a continuing series of those crimes within the past 5 years, and whose activities affect trade between states or with other countries. The covered crimes are: major federal drug felonies with a maximum penalty of at least 5 years; federal violent felonies that require use or attempted use of physical force; federal human trafficking or sexual exploitation offenses, including transporting someone for prostitution; and conspiracies to commit any of these. The extra sentence applies only if the offender takes part in the gang knowing its members commit a continuing series of those crimes, intends to promote those illegal activities or to keep or raise their position in the gang, and has been convicted within the past 5 years of one of the listed federal crimes, a state drug felony with a maximum of at least 5 years, a state violent felony involving use or attempted use of force, any federal or state felony that by its nature risks the use of force, or a conspiracy to commit these.