California, United States of America
The following excerpt is from People v. Graham, G037997 (Cal. App. 1/30/2009), G037997. (Cal. App. 2009):
Penal Code section 186.22, subdivision (a) makes it a crime for "[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 . . . ." This crime "has three elements. Active participation in a criminal street gang, in the sense of participation that is more than nominal or passive . . . . The second element is `knowledge that [the gang's] members engage in or have engaged in a pattern of criminal gang activity,' and the third element is that the person `willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang.' [Citation.]" (People v. Lamas (2007) 42 Cal.4th 516, 523.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.