California, United States of America
The following excerpt is from People v. Davis, F076884 (Cal. App. 2020):
The gang offense, therefore, has three elements: "First, active participation in a criminal street gang, in the sense of participation that is more than nominal or passive; second, knowledge that the gang's members engage in or have engaged in a pattern of criminal gang activity; and third, the willful promotion, furtherance, or assistance in any felonious criminal conduct by members of that gang." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130 (Rodriguez).) Section 186.22, subdivision (a), punishes gang members who act with other gang members in committing a felony, regardless of whether such felony is gang related. (Rodriguez, supra, at pp. 1131-1132.) "The plain meaning of section 186.22[, subdivision (a)] requires that felonious criminal conduct be committed by at least two gang members, one of whom can include the defendant if he [or she] is a gang member." (Id. at p. 1132.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.