California, United States of America
The following excerpt is from People v. Martinez-Carreon, A141670, A141679 (Cal. App. 2017):
In demonstrating active participation, "it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of his or her time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang." ( 186.22, subd. (i).) Still, "[i]t is not enough that a defendant [has] actively participated in a criminal street gang at any point in time . . . . A defendant's active participation must be shown at or reasonably near the time of the crime." (People v. Garcia (2007) 153 Cal.App.4th 1499, 1509.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.