Does section 186.22, subdivision (d) of the California Criminal Code apply for enhanced penalties when a crime punishable as a misdemeanor or felony is 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. J.C. (In re J.C.), A142282 (Cal. App. 2015):

Section 186.22, subdivision (d) provides for an enhanced penalty when a crime punishable as a misdemeanor or felony is 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 . . . ." As set forth in subdivision (f) of section 186.22, in order "[t]o establish that a group is a criminal street gang within the meaning of the statute, the People must prove: (1) the group is an ongoing association of three or more persons sharing a common name, identifying sign, or symbol; (2) one of the group's primary activities is the commission of one or more statutorily enumerated criminal offenses; and (3) the group's members must engage in, or have engaged in, a pattern of criminal gang activity." (People v. Bragg (2008) 161 Cal.App.4th 1385, 1399-1400.)

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