Brief Review of Federal and State Definitions of the Terms, Brief Review of Federal and State Definitions of the Terms

Brief Review of Federal and State Definitions of the Terms
“Gang,” “Gang Crime,” and “Gang Member”
Brief Review of Federal and State Definitions of the Terms
Federal Law
Currently, federal law defines the term “criminal street gang” as “an ongoing group, club,
organization, or association of five or more persons—
(A) that has as one of its primary purposes the commission of one or more of the
criminal offenses described in subsection (c);
(B) the members of which engage, or have engaged within the past five years, in a
continuing series of offenses described in subsection (c); and
(C) the activities of which affect interstate or foreign commerce.” 18 USC § 521(a).
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 USC § 802)) for which the maximum penalty is not
less than five 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).”
18 USC § 521(c).
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 five 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 USC § 802)) for which the maximum
penalty is not less than five 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).” 18 USC § 521(d).
Additionally:

• Forty-three states and Washington, DC, have legislation that defines “gang.”
• Thirty-four states define a gang as consisting of three or more persons.
• Twenty-seven states include a common name, identifying sign, or symbol as
identifiers of gangs in their definitions.
• Thirty-six states refer to a gang as an “organization, association, or group.”
• Twenty-five states and Washington, DC, use the term “criminal street gang” to
describe a gang.
• Every definition includes criminal/illegal activity or behavior.