Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity liable?

California, United States of America


The following excerpt is from People v. Robles, 61 Cal.App.4th 971, 71 Cal.Rptr.2d 877 (Cal. App. 1998):

As previously stated, Penal Code section 186.22, subdivision (a), penalizes "[a]ny person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang...." People v. Green (1991) 227 Cal.App.3d 692, 278 Cal.Rptr. 140 held that active participation must be more than mere membership, i.e., an intentional relationship to or association with an organization. (At p. 699, 278 Cal.Rptr. 140.) Criminal liability may not be predicated on membership alone. (Ibid.)

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