Legal definitions of gang and gang crime vary among federal and state jurisdictions. The National Gang Research Center website notes that researchers generally agree on the following criteria for designating a group as a gang: “The group has three or more members, generally aged 12-24; members share an identity, typically linked to a name, or often other symbols; members view themselves as a gang, and they are recognized by others as a gang; the group has some permanence and a degree of organization; and the group is involved in an elevated level of criminal activity.” (http://www.nationalgangcenter.gov/About/FAQ#q1)
Gang
Federal law defines a 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).
Thirty-nine states (including Alaska) and Washington, D.C., have legislation that defines gang. Alaska defines a criminal street gang as a “group of three or more persons who have in common a name or identifying sign, symbol, tattoo or other physical marking, style of dress, or use of hand signs; and who, individually, jointly, or in combination, have committed or attempted to commit, within the preceding three years, for the benefit of, at the direction of, or in association with the group, two or more offenses under any of, or any combination of, the following: AS 11.41 (Offenses against a person); AS 11.46 (Offenses against property); or a felony offense.” Alaska § 11.81.900.
Gang crime
Current federal law describes the term gang crime as “a federal felony involving a controlled substance for which the maximum penalty is not less than five years” or “a federal felony crime of violence that has an element the use or attempted use of physical force against the person of another” or “a conspiracy to commit “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”, or “a federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another”; or “a conspiracy to commit an offense described in paragraph (1) or (2).” 18 USC § 521(c).
Twenty-two states have legislation that defines gang crime/activity.
