What are the elements of a criminal street terrorism offence?

California, United States of America


The following excerpt is from The People v. Melendez, G041875, No. 07CF3752 (Cal. App. 2010):

gang...." The offense "has three elements. Active participation in a criminal street gang, in the sense of participation that is more than nominal or passive.... The second element is 'knowledge that [the gang's] members engage in or have engaged in a pattern of criminal gang activity, ' and the third element is that the person 'willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang.' [Citation.]" (People v. Lamas (2007) 42 Cal.4th 516, 523.)

Contrary to defendant, street terrorism "does not require the crime be for the benefit of the gang." (People v. Martinez, supra, 158 Cal.App.4th at p. 1334.)

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