Reading the text closely, the Court observed that, since none of the numbered subsections can stand by itself as defining a crime, neither can the first paragraph. "In isolation, it would merely describe some very obnoxious behavior, leaving any reader assuming that it must be a crime, but never being actually told that it is. Only the numbered subsidiary provisions complete the thought." Even so, such a close reading of the statutory text only helps to infer congressional intent. "If a given statute is unclear about treating... a fact as element or penalty aggravator, it makes sense to look at what other statutes have done, on the fair assumption that Congress is unlikely to intend any radical departures from past practice without making a point of saying so."