California, United States of America
The following excerpt is from People v. Rodriguez, (Cal. App. 2013):
The crime of actively participating in a criminal street gang (Pen. Code, 186.22, subd. (a)) has three elements: "(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. (People v. Lamas (2007) 42 Cal.4th 516, 523.)" (People v. Albillar (2010) 51 Cal.4th 47, 55-56.) Defendant asserts the first and third elements are lacking.
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