What is the substantive gang crime against a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal activity?

California, United States of America


The following excerpt is from People v. Gonzalez, G052076 (Cal. App. 2017):

The substantive gang crime applies to "[a]ny person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang . . . ." ( 186.22, subd. (a).) The statute targets "gang members who acted in concert with other gang members in committing a felony regardless of whether such felony was gang related." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1138.)

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