U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 26— CRIMINAL STREET GANGS

18 U.S.C. § 521

Criminal street gangs

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(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 NotesAmendments

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.

Notes of Decisions
Cited in 48 cases (10 in the last 5 years), 1999–2025 · leading case: United States v. Matthews, 312 F.3d 652 (5th Cir. 2002).
Sort: Relevance Newest Treatment
United States v. Matthews, 312 F.3d 652 (5th Cir. 2002). · cites it 8× “§ 2119 (2); (2) seven years for conspiracy, which included a two-year enhancement under the criminal street gangs statute, 18 U.S.C. § 521 ; and (3) five years for the firearms violation.”
United States v. Soltero, 510 F.3d 858 (9th Cir. 2007). · cites it 4× “[8] Although it is not crucial to our finding that the meaning of "criminal street gang" would be apparent to the average person, we note that 18 U.S.C. § 521 (a) defines "criminal street gang" as "an ongoing group, club, organization, or association of 5 or more persons .”
United States v. Yonas Eshetu, 863 F.3d 946 (D.C. Cir. 2017). · cites it 2× “§ 3156 (a)(4)(B) (defining a “crime of violence” for the purposes of release and detention statutes as “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course…”
United States v. Matthews, 178 F.3d 295 (5th Cir. 1999). · cites it 5× “§ 2119 (2) is an element of carjacking rather than a sentence enhancement statute; ■ (3) 18 U.S.C.A. § 521 is a separate offense rather than a sentence enhancement statute; (4) the testimony of F.”
United States v. Vega, 545 F.3d 743 (9th Cir. 2008). · cites it 2× “not crucial to our finding that the meaning of ‘criminal street gang’ would be apparent to the average person,” we noted that 18 U.S.C. § 521 (a) defines “criminal street gang.”
State of Texas v. USA, 809 F.3d 134 (5th Cir. 2015). “ment resources should be directed: (a) aliens engaged in or suspected of terrorism or espionage, or who otherwise pose adangertonational security; (b) aliens apprehended at the border or ports of entry while attempting to unlawfully enter the United States; (c) aliens convicted…”
United States v. Alfonzo Williams, 842 F.3d 1143 (9th Cir. 2016). “” 18 U.S.C. § 521 (d)(1), (2). The federal sentencing guidelines note that “an upward departure may be warranted” “[i]f the defendant is subject to an enhanced sentence” under § 521.”
United States v. Soltero, 506 F.3d 718 (9th Cir. 2007). · cites it 4× “[9] Although it is not crucial to our finding that the meaning of "criminal street gang" would be apparent to the average person, we note that 18 U.S.C. § 521 (a) defines "criminal street gang" as "an ongoing group, club, organization, or association of 5 or more persons .”
United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. 2003). “§ 16 (“crime of violence”); 18 U.S.C. § 521 (c)(2) (“criminal street gang”); 18 U.”
United States v. Green, 618 F.3d 120 (2d Cir. 2010). “18 U.S.C. § 521 (a). The statutory definition distinguishes this case from the one other instance of which we are aware of a court in the Second Circuit dealing with a prohibition from gang association.”
United States v. Christopher Tibbs, 685 F. App'x 456 (6th Cir. 2017). “§§ 2 and 924(c), as well as a street-gang enhancement, 18 U.S.C. § 521 . At the four-day jury trial, the Government focused on establishing Tibbs’s involvement in the planning of the robbery, relying mainly on the testimony of the other Vice Lords.”
State v. Harris, 118 P.3d 236 (Or. 2005). “, 18 USC § 521 (a) (under federal statute aimed at curbing criminal street gangs, “conviction” includes finding that person has “committed an act of juvenile delinquency involving a violent or controlled substances felony”).”
Show all 48 citing cases →
— 18 U.S.C. § 521(a) — 1 case
State of Texas v. USA, 809 F.3d 134 (5th Cir. 2015). “ment resources should be directed: (a) aliens engaged in or suspected of terrorism or espionage, or who otherwise pose adangertonational security; (b) aliens apprehended at the border or ports of entry while attempting to unlawfully enter the United States; (c) aliens convicted…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.