What is the specific intent element of a criminal charge under section 186.22(b)(1) of the California Penal Code?

California, United States of America


The following excerpt is from People v. Martinez, E060393 (Cal. App. 2015):

With respect to the specific intent element, "specific intent to benefit the gang is not required. What is required is the 'specific intent to promote, further, or assist in any criminal conduct by gang members . . . .'" (People v. Morales, supra, 112 Cal.App.4th at p. 1198.) Moreover, "[Penal Code] section 186.22(b)(1) encompasses the specific intent to promote, further, or assist in any criminal conduct by gang members including the current offenses and not merely other criminal conduct by gang members." (People v. Albillar (2010) 51 Cal.4th 47, 65; see also id. at pp. 65-66.)

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