California, United States of America
The following excerpt is from People v. Turner, B235057 (Cal. App. 2013):
To prove a gang is a "criminal street gang," the prosecution must demonstrate it has as one of its "primary activities" the commission of one or more of the crimes enumerated in Penal Code section 186.22, subdivision (e), and it has engaged in a "pattern of criminal gang activity" by committing two or more such "predicate offenses." ( 186.22, subds. (e), (f); People v. Gardeley (1996) 14 Cal.4th 605, 617.) " 'A pattern of criminal gang activity' " is defined as "the commission of . . . two or more of [the predicate offenses], provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons." ( 186.22, subd. (e).)
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