California, United States of America
The following excerpt is from People v. Wilkerson, E060059 (Cal. App. 2015):
Section 186.22, subdivision (a), creates a substantive offense applicable to, "Any 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." To qualify as "active," participation in a criminal street gang must be "more than nominal or passive." (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130; see also
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