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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