What is the test for a person to be charged with membership of a criminal gang?
California, United States of America
The following excerpt is from People v. Lozano, F063996 (Cal. App. 2014):
section 186.22[, subdivision] (a). The second element is 'knowledge that [the gang's] members engage in or have engaged in a pattern of criminal gang activity,' and the third element is that the person 'willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang.' [Citation.]" (People v. Lamas (2007) 42 Cal.4th 516, 523.)
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Other Questions
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
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