Does section 186.22, subdivision (b)(1) of the California Criminal Code increase punishment for a person who is convicted of a felony committed for the benefit of, at the direction of or in association with any criminal street gang?

California, United States of America


The following excerpt is from People v. Duby, 2d Crim. No. B226439 (Cal. App. 2016):

Section 186.22, subdivision (b)(1) increases punishment for "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members . . . ." A "criminal street gang" is defined as a group "of 'three or more persons' who have as one of their 'primary activities the commission of' certain enumerated criminal acts; who share 'a common name or common identifying sign or symbol'; and 'whose members individually or collectively engage in or have engaged in a pattern of criminal activity.'" (People v. Prunty (2015) 62 Cal.4th 59, 75 (Prunty), quoting section 186.22, subdivision (f).)

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