Does the possession of illegal or stolen property by a gang member constitute a general intent crime?

California, United States of America


The following excerpt is from People v. Campos, H0035756 (Cal. App. 2012):

People v. Ramon (2009) 175 Cal.App.4th 843 held that the possession of illegal or stolen property by gang members without more, even in gang territory, is not enough to establish their specific intent to promote the gang. "Such a holding would convert section 186.22(b)(1) into a general intent crime. The statute does not allow that." (Id. at p. 853.)

Other Questions


When is a defendant required to prove possession of stolen property to convict him of the crime of receiving stolen property? (California, United States of America)
How have courts interpreted the doctrine of general intent in dealing with illegal or stolen property under section 186.22(b)(1) of the California Criminal Code? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Does a finding that defendant harbored criminal intent separate and distinct from that of receiving stolen property constitute a separate criminal intent? (California, United States of America)
Is sexual penetration a specific intent crime rather than a general intent crime? (California, United States of America)
How does proof of general intent meet the general intent requirement for unlawful gun possession? (California, United States of America)
What is the effect of referring to count 3 as a specific intent crime rather than a general intent crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Does the possession of piperidine and cyclohexanone with intent to manufacture PCP constitute a crime of manufacture or possession of the drug for sale? (California, United States of America)
What is the difference between the mental state required for a conviction of a specific intent crime and that of those convicted of a general intent crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.