What is the test for a person to be convicted of being a member of a criminal street gang?

California, United States of America


The following excerpt is from People v. Prince, B297599 (Cal. App. 2021):

based on active participation in a criminal street gang "require[s] proof of each element 'of the offense described in section 186.22(a). Those elements are "actively participat[ing] in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity" and "willfully promot[ing], further[ing], or assist[ing] in any felonious criminal conduct by members of that gang."'" (People v. Infante (2014) 58 Cal.4th 688, 692; accord, People v. Lamas (2007) 42 Cal.4th 516, 519.)

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