What constitutes a criminal act to commit the charged crime?

MultiRegion, United States of America

The following excerpt is from Duncan v. City of San Diego, 401 F.Supp.3d 1016 (S.D. Cal. 2019):

act to commit the charged crime, not as criminal conduct in and of itself. See e.g. , People v. Zepeda , 167 Cal. App. 4th 25, 83 Cal.Rptr.3d 793 (2008) (rap lyrics introduced to show motive and state of mind of defendant charged with substantive offenseshooting rival gang member in the back and murdering rival's sonand to support charged gang enhancement).

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