What are the elements of a criminal street gang enhancement?

California, United States of America


The following excerpt is from People v. Pena, G049885 (Cal. App. 2015):

"'Therefore, the "criminal street gang" component of a gang enhancement requires proof of three essential elements: (1) that there be an "ongoing" association involving three or more participants, having a "common name or common identifying sign or symbol"; (2) that the group has as one of its "primary activities" the commission of one or more specified crimes; and (3) the group's members either separately or as a group "have engaged in a pattern of criminal gang activity." [Citation.]' (People v. Vy

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