California, United States of America
The following excerpt is from People v. Pineda, G046035 (Cal. App. 2013):
The crime of actively participating in a criminal street gang has three elements: (1) active participation in a criminal street gang; (2) knowledge that members of the gang have engaged in a pattern of criminal activity; and (3) an actor "who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang." ( 186.22, subd. (a).) Mere membership in a criminal street gang without the specific intent to willfully promote and further the felonious criminal conduct by members of the gang is not punishable under this penal code section. (People v. Mesa, supra, 54 Cal.4th at pp. 196-197.)
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