Federal Laws on Street Gangs
Street gangs have long been a concern for law enforcement agencies across the United States. While many states have their own statutes addressing gang activity, there are also federal laws that target criminal organizations.
What is the federal street gang statute?
One of the primary federal statutes used to prosecute gang members is the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO allows prosecutors to charge individuals or groups who participate in a pattern of racketeering activity, which can include crimes such as drug trafficking, murder, and extortion. The Violent Crimes in Aid of Racketeering Activity (VICAR) statute is another tool used to prosecute violent acts committed for the benefit of a criminal organization.
Gang Membership and the Law
Simply being a member of a gang is not, by itself, a federal crime. However, participating in criminal acts as part of a gang can lead to prosecution under various federal and state laws.
Is it illegal to be in a gang in the United States?
Membership in a gang is not illegal under federal law. Law enforcement focuses on prosecuting criminal acts committed by gang members rather than membership alone. Some states have laws that enhance penalties for crimes committed in association with a gang, but mere association is generally not a crime.
State Laws and Gang Enhancements
Many states have enacted laws that provide for enhanced penalties when crimes are committed for the benefit of, at the direction of, or in association with a criminal street gang. These enhancements can significantly increase the sentences for underlying offenses.
What is the new law for gang enhancement?
Some states have recently updated their gang enhancement statutes to clarify definitions or adjust sentencing guidelines. For example, California amended its gang enhancement law to require more specific proof that a crime was committed with the intent to benefit a gang, rather than simply being associated with gang members.
Public Perception and Legal Reality
There is often confusion about what is and is not illegal when it comes to gangs. While movies and television may portray gang membership as inherently criminal, the law distinguishes between association and criminal conduct.
Is it against the law to be a gangster?
It is not against the law to be a "gangster" or to associate with a gang, but engaging in criminal activity as part of a gang can lead to prosecution. The focus of law enforcement is on criminal acts, not on membership or lifestyle alone.
