Does Section 186.22(b)(1) of the California Criminal Code prohibit "promoting, furthering, or assisting" a member of the Lopers gang?
California, United States of America
The following excerpt is from People v. Y.C. (In re Y.C.), G052702 (Cal. App. 2017):
"Section 186.22[, subdivision] (b)(1)'s reference to promoting, furthering, or assisting gang members . . . merely describes a culpable mental state." (People v. Rodriguez, supra, 55 Cal.4th at p. 1141 (conc. opn. of Baxter, J.).) The foregoing evidence shows Y.C.'s intention to deface public property ( 594.1) and commit vandalism ( 594, subd. (a)(1)) with Lopers gang members, who may have planned to act as backups and also as witnesses to Y.C.'s putting in work for the gang.
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The judgment is affirmed.
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