post #1
08 June 2005, 04:20 UTC#1
QUOTE
(a) Definitions.â€â€
“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 personsâ€â€
(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection ©;
(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection ©; and
© 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 © shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d).
© Offenses. The offenses described in this section areâ€â€
(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 © was committed by a person whoâ€â€
(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 ©;
(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 forâ€â€
(A) an offense described in subsection ©;
(B) a State offenseâ€â€
(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;
© 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 ©.
“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 personsâ€â€
(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection ©;
(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection ©; and
© 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 © shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d).
© Offenses. The offenses described in this section areâ€â€
(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 © was committed by a person whoâ€â€
(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 ©;
(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 forâ€â€
(A) an offense described in subsection ©;
(B) a State offenseâ€â€
(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;
© 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 ©.
I think were considered street gangs
