18 U.S. Code § 521 - Criminal street gangs
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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—
that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);
the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and
the activities of which affect interstate or foreign commerce.
(c)Offenses.—The offenses described in this section are—
a conspiracy to commit an offense described in paragraph (1) or (2).
(d)Circumstances.—The circumstances described in this section are that the offense described in subsection (c) was committed by a person who—
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);
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—
an offense described in subsection (c);
(B) a Stateoffense—
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
a conspiracy to commit an offense described in subparagraph (A), (B), or (C).
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