What is the test for a criminal gang member to be found guilty of a violation of section 186.22 of the California Criminal Code?

California, United States of America


The following excerpt is from COURT of APPEAL FOURTH APPELLATE Dist. v. DIAZ, D057171, No. RIF141090 (Cal. App. 2011):

To establish a violation of section 186.22, subdivision (a), the prosecution must prove three elements. "Active participation in a criminal street gang, in the sense of participation that is more than nominal or passive, is the first element. . . . 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.' " (People v. Lamas (2007) 42 Cal.4th 516, 523; accord, People v. Albillar (2010) 51 Cal.4th 47, 56.)

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