Can the criminal activities of gangs be prosecuted as domestic terriorism under section 802 of the Patriot Act?
Section 802 simply changed several words and phrases within section 2331 USC 18.
Per USC Title 18 section 2331:
(5) the term “domestic terrorism” means activities that—
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States
So, CAN a street gang fall under this category? Sure. Do they generally do so? Nope.
The activities of street gangs are not generally intended to "intimidate or coerce" a civilian population or the government. It would be quite a stretch to bring the usual criminal acts by street or even prison gangs into the federal courts under this section.
- Carl
