California, United States of America
The following excerpt is from People v. Fredrick, D067448 (Cal. App. 2015):
A trial court sua sponte must instruct on every element of an offense22 (People v. Flood (1998) 18 Cal.4th 470, 480) and the request "does not depend upon the existence of evidence affirmatively favoring the defendant." (Id. at p. 481.) The elements of the section 186.22, subdivision (a), gang participation offense are: active participation in a criminal street gang, in the sense of participation that is more than nominal or passive; with knowledge the gang's members engage in or have engaged in a pattern of criminal gang activity; and the willful promotion, furtherance, or assistance in any felonious criminal conduct by members of that gang. (People v. Lamas (2007) 42 Cal.4th 516, 523.)
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