Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity?

California, United States of America


The following excerpt is from People v. Nguyen, G055296 (Cal. App. 2020):

Section 186.22, subdivision (a) provides, "Any person who actively participates in any criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment . . . ." Our Supreme Court has explained that a violation of the statute "requires that felonious criminal conduct be committed by at least two gang members . . . ." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1132.)

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