What are the elements of a criminal charge for participation in a criminal gang?
California, United States of America
The following excerpt is from People v. Ramirez, 198 Cal.Rptr.3d 318, 244 Cal.App.4th 800 (Cal. App. 2016):
participation that is more 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." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130, 150 Cal.Rptr.3d 533, 290 P.3d 1143 (Rodriguez ).) The deficiencies in the preliminary hearing
[198 Cal.Rptr.3d 331]
evidence in this case concern all three elements.
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