‘‘(1) the term ‘predicate gang crime’ means—
‘‘(A) any act or threat, or attempted act or
threat, which is chargeable under Federal or
State law and punishable by imprisonment for
more than 1 year, involving murder, assault,
kidnapping, robbery, extortion, burglary, arson,
property damage or destruction, obstruction of
justice, tampering with or retaliating against a
witness, victim, or informant, or manufacturing,
importing, receiving, concealing, purchasing,
selling, possessing, or otherwise dealing in a
controlled substance or controlled substance
analogue (as those terms are defined in section
102 of the Controlled Substances Act (21
U.S.C. 802));
‘‘(B) any act, punishable by imprisonment
for more than 1 year, which is indictable under
any of the following provisions of title 18,
United 
States 
Code: 
sections 
922 
and
924(a)(2), (b), (c), (g), or (h) (relating to re-
ceipt, possession, and transfer of firearms); sec-
tion 1503 (relating to obstruction of justice);
section 1510 (relating to obstruction of criminal
investigations); section 1512 (relating to tam-
pering with a witness, victim, or informant);
section 1513 (relating to retaliating against a
witness, victim, or informant); or
‘‘(C) any act indictable under subsection
(b)(5) of this section;
‘‘(2) the term ‘criminal street gang’ means any
organization, or group, of 5 or more individuals,
whether formal or informal, who act in concert, or
agree to act in concert, for a period in excess of 30
days, with a purpose that any of those individuals
alone, or in any combination, commit or will commit,
2 or more predicate gang crimes, one of which must
occur after the enactment of this chapter and the
last of which occurred within 10 years (excluding
any period of imprisonment) after the commission of
a prior predicate gang crime;
‘‘(3) the term ‘participate in a criminal street
gang’ means to act in concert with a criminal street
gang with intent to commit, or that any other indi-
vidual associated with the criminal street gang will
commit, 1 or more predicate gang crimes; and
‘‘(4) the term ‘State’ means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.
‘‘(b) UNLAWFUL ACTS.—It shall be unlawful—
‘‘(1) to commit, or to attempt to commit, a
predicate gang crime with intent to promote or fur-
ther the activities of a criminal street gang or for
the purpose of gaining entrance to or maintaining or
increasing position in such a gang;
‘‘(2) to participate, or attempt to participate, in
a criminal street gang, or conspire to do so;
‘‘(3) to command, counsel, persuade, induce,
entice, or coerce any individual to participate in a
criminal street gang;
‘‘(4) to employ, use, command, counsel, per-
suade, induce, entice, or coerce any individual to
commit, cause to commit, or facilitate the commis-
sion of, a predicate gang crime, with intent to pro-
mote the activities of a criminal street gang or for
the purpose of gaining entrance to or maintaining or
increasing position in such a gang; or
‘‘(5) to use any communication facility, as de-
fined in section 403(b) of the Controlled Substances
Act (21 U.S.C. 843(b)), in causing or facilitating the
commission, or attempted commission, of a predicate
gang crime with intent to promote or further the ac-
tivities of a criminal street gang or for the purpose
of gaining entrance to or maintaining or increasing
position in such a gang. Each separate use of a com-
munication facility shall be a separate offense under
this subsection.
‘‘§ 1931. Penalties
‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IM-
PRISONMENT.—Any person who violates section 1930(b)
(1) or (2) shall be punished by imprisonment for not more
than 20 years, or by imprisonment for any term of years
or for life if the violation is based on a predicate gang
crime for which the maximum penalty includes life impris-
onment, and if any person commits such a violation after
1 or more prior convictions for such a predicate gang
crime, that is not part of the instant violation, such person
shall be sentenced to a term of imprisonment which shall
not be less than 10 years and which may be for any term
of years exceeding 10 years or for life.
‘‘(b) PENALTIES BETWEEN 5 AND 10 YEARS.—Any
person who violates section 1930 (b)(3) or (b)(4) shall be
sentenced to imprisonment for not less than 5 and not
more than 10 years, and if the individual who was the
subject of the act was less than 18 years of age, such per-
son shall be imprisoned for 10 years. A term of imprison-
ment under this subsection shall run consecutively to any
other term of imprisonment, including that imposed for
any other violation of this chapter.
‘‘(c) PENALTIES OF UP TO 5 YEARS.—Any person
who violates section 1930(b)(5) shall be punished by im-
prisonment for not more than 5 years.
‘‘(d) ADDITIONAL PENALTIES.—In addition to the
other penalties set forth in this section—
‘‘(1) any person who violates section 1930(b)
(1) or (2), 1 of whose predicate gang crimes involves
murder or conspiracy to commit murder which re-
sults in the taking of a life, and who commits, coun-
sels, commands, induces, procures, or causes that
murder, shall be punished by death or by imprison-
ment for life;
‘‘(2) any person who violates section 1930(b)
(1) or (2), 1 of whose predicate gang crimes involves
attempted murder or conspiracy to commit murder,
shall be sentenced to a term of imprisonment which
shall not be less than 20 years and which may be
for any term of years exceeding 20 years or for life;
and
‘‘(3) any person who violates section 1930(b)
(1) or (2), and who at the time of the offense occu-
pied a position of organizer or supervisor, or other
position of management in that street gang, shall be
sentenced to a term of imprisonment which shall not