PRIA, Government Policy, Made Personal

Summary

A person convicted of certain federal crimes can get up to 10 extra years in prison if the crime was tied to a criminal street gang and other conditions are met. "Conviction" also includes a juvenile delinquency finding for a violent or drug felony. A "criminal street gang" is an ongoing group of 5 or more people whose main purpose includes committing the listed crimes, whose members have carried out those crimes within the past 5 years, and whose activities affect interstate or foreign commerce. "State" means any U.S. state, the District of Columbia, or U.S. territories and possessions. The law covers four kinds of crimes: serious federal drug felonies with a maximum penalty of at least 5 years; federal violent felonies that involve use or attempted use of physical force; federal human trafficking, sexual abuse/exploitation, or transportation for prostitution; and conspiracies to commit any of these. The extra sentence applies only if the person knew the gang did those crimes, intended to help the gang or to keep or improve their rank in it, and was 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 force, any federal or state felony that carries a substantial risk that force might be used, or a conspiracy to commit those offenses.

Title 18, §521

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—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.

§521 Criminal Street Gangs

Summary

Title 18, §521

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata