Does Section 186.22, subdivision of the Terrorism Act, create the substantive crime of street terrorism?

California, United States of America


The following excerpt is from People v. Gonzalez, G044288, Super. Ct. No. 09CF2713 (Cal. App. 2011):

Section 186.22, subdivision (a) creates the substantive crime of street terrorism. "[T]he elements of [it] are (1) active participation in a criminal street gang, in the sense of participation that is more than nominal or passive; (2) knowledge that the gang's members engage in or have engaged in a pattern of criminal gang activity; and (3) the willful promotion, furtherance, or assistance in any felonious criminal conduct by members of that gang. [Citation.]" (People v. Albillar, supra, 51 Cal.4th at p. 56.)

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