What is the test for being a member of a criminal street gang?

California, United States of America


The following excerpt is from The People v. Salazar, A122794, No. 05-060329-C (Cal. App. 2010):

To establish that a gang is a criminal street gang for purposes of a section 186.22 gang enhancement, the People must prove that the gang "has as one of its 'primary activities' the commission of one or more specified crimes...." (People v. Vy (2004) 122 Cal.App.4th 1209, 1222; 186.22, subd. (f).) The specified crimes are listed in section 186.22, subdivision (e). The People must make a similar showing to convict for the offense of carrying a loaded firearm while a member of a criminal street gang. (People v. Robles (2000) 23 Cal.4th 1106, 1115.)

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