California, United States of America
The following excerpt is from People v. Pineda, H043411 (Cal. App. 2018):
"To prove that a criminal street gang exists in accordance with these statutory provisions, the prosecution must demonstrate that the gang satisfies the separate elements of the STEP Act's definition and that the defendant sought to benefit that particular gang when committing the underlying felony." (People v. Prunty (2015) 62 Cal.4th 59, 67 (Prunty).)
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.