§ 521. Criminal street gangs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XV § 150001(a) · 108 Stat. 1796

   Enacted · 18 U.S.C. § 521

   Added Pub. L. 103–322, title XV, § 150001(a), Sept. 13, 1994, 108 Stat. 2034

   Source evidence

   Code source credit
   Added Pub. L. 103–322, title XV, § 150001(a), Sept. 13, 1994, 108 Stat. 2034

   Enacted provision · exact public law section
   (a) In General.— Part I of title 18, United States Code, is amended by inserting after chapter 25 the following new chapter: “CHAPTER 26— CRIMINAL STREET GANGS “§521. 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— “(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. “(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; and “(3) 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— “(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).”.

2. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 title VI § 607(q) · 110 Stat. 3488

   Inserted · 18 U.S.C. § 521(a)

   Pub. L. 104–294 inserted par. defining “State” at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–294 inserted par. defining “State” at end.

   Enacted provision · exact public law section
   (q) Section 521(a) of title 18, United States Code, is amended by adding at the end the following: “‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”.

3. 2002

   Criminal Law Technical Amendments Act of 2002

   Pub. L. 107–273 div. B title IV § 4002(b)(3) · 116 Stat. 1758

   Changed · 18 U.S.C. § 521(a)

   Pub. L. 107–273 realigned margins of par. defining “State”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–273 realigned margins of par. defining “State”.

   Enacted provision · exact public law section
   (3) Correcting paragraphing.— The material added to section 521(a) of title 18, United States Code, by section 607(q) of the Economic Espionage Act of 1996 is amended to appear as a paragraph indented 2 ems from the left margin.

4. 2018

   Abolish Human Trafficking Act of 2017

   Pub. L. 115–392 § 12 · 132 Stat. 5250

   1. Added · 18 U.S.C. § 521(c)(3); 18 U.S.C. § 521(c)(4)

      Pub. L. 115–392 added par. (3)

   2. Redesignated · 18 U.S.C. § 521(c)(3); 18 U.S.C. § 521(c)(4)

      Pub. L. 115–392 redesignated former par. (3) as (4), and in par. (4)

   3. Substituted · 18 U.S.C. § 521(c)(3); 18 U.S.C. § 521(c)(4)

      Pub. L. 115–392 substituted “(1), (2), or (3)” for “(1) or (2)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   SEC. 12. TARGETING ORGANIZED HUMAN TRAFFICKING PERPETRATORS.   Section 521(c) of title 18, United States Code, is amended— (1) in paragraph (2), by striking “and” at the end; (2) by redesignating paragraph (3) as paragraph (4); (3) by inserting after paragraph (2) the following: “(3) a Federal offense involving human trafficking, sexual abuse, sexual exploitation, or transportation for prostitution or any illegal sexual activity; and” ; and (4) in paragraph (4), as so redesignated, by striking “(1) or (2)” and inserting “(1), (2), or (3)”.

6 of 6 references resolved to an enrolled provision