What is the test for membership of a criminal gang?

California, United States of America


The following excerpt is from The PEOPLE v. RAMIREZ, G039091, No. 05CF0002 (Cal. App. 2010):

within the meaning of the statute, the People must prove: (1) the group is an ongoing association of three or more persons sharing a common name, identifying sign, or symbol; (2) one of the group's primary activities is the commission of one or more statutorily enumerated criminal offenses; and (3) the group's members must engage in, or have engaged in, a pattern of criminal gang activity." (People v. Duran (2002) 97 Cal.App.4th 1448, 1457 (Duran); 186.22, subd. (f).)

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