18 U.S.C. § 521
Section 521 · Criminal street gangs
This is § 150001 of the Violent Crime Control and Law Enforcement Act of 1994
Amended 4 times on record
Applied in 29 court decisions — leading case United States v. Matthews (2002)
Most recently applied in United States v. Jerell Haynie (August 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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).
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.