Can a person who is not a member of a criminal gang, but actively participates in the gang, be found guilty of violating section 186.22 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Guerrero, D069072 (Cal. App. 2016):

than nominal or passive; second, knowledge that the gang's members engage in or have engaged in a pattern of criminal gang activity; and third, the willful promotion, furtherance, or assistance in any felonious criminal conduct by members of that gang. [Citation.] A person who is not a member of a gang, but who actively participates in the gang, can be guilty of violating section 186.22[, subdivision] (a)." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130.) We review Dimas's conviction for substantial evidence. (People v. Rios (2013) 222 Cal.App.4th 542, 559.)

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