What constitutes a substantive offense under Section 186.22 of the California Criminal Code for "participating in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity"?

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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