What is the test for a criminal charge of promoting, or assisting, a criminal gang?

California, United States of America


The following excerpt is from The People v. Vu Thanh Van Le, G042343, No. 08WF2205 (Cal. App. 2010):

The final element requires proof defendant "'willfully promote[d], further[ed], or assist[ed] in any felonious criminal conduct by members of that gang.' [Citation.]" (People v. Lamas, supra, 42 Cal.4th at p. 523.) "In common usage,

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