§ 521. Criminal street gangs

• (a) “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.
  • (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) 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) 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) 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).