What is the gravamen of the crime of membership of a street gang?
California, United States of America
The following excerpt is from The People v. Vigil, C061065, No. CRF07-3492 (Cal. App. 2011):
The substantive crime requires that the defendant (1) actively participate in a criminal street gang; (2) have knowledge that its members engage in a pattern of criminal gang activity; and (3) willfully promote, further, or assist any felonious conduct by members of that gang. ( 186.22(a).) The gravamen of the crime is "'participation in the gang itself.'" (People v. Martinez (2008) 158 Cal.App.4th 1324, 1334.)
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