California, United States of America
The following excerpt is from People v. Lynch, D065266 (Cal. App. 2014):
To prove a charge under section 186.22, subdivision (a), the prosecution must prove that the defendant: (1) actively participated in a criminal street gang; (2) knew that the gang's members engage in or have engaged in a pattern of criminal gang activity; and (3) willfully promoted, furthered, or assisted in any felonious criminal conduct by members of that gang. (People v. Lamas (2007) 42 Cal.4th 516, 523 (Lamas).) The "gravamen of the substantive offense" under section 186.22, subdivision (a) is "active participation in a criminal street gang." (People v. Albillar (2010) 51 Cal.4th 47, 55.)
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"[A]ctive participation in a criminal street gang" means that the defendant's involvement with the criminal street gang "is more than nominal or passive." (People v. Castenada (2000) 23 Cal.4th 743, 746, 747.)
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