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Gang Cases Are More Easily Prosecuted

05 Feb

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Penal Code Sec. 186.22(a)–which applies to a member of a criminal street gang who “willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang”–does not require that the conduct promoted, furthered, or assisted be gang-related. Sufficient evidence supported finding that defendants’ sex offenses were committed in association with a gang and for the benefit of that gang where each defendant was a member of the gang, actively assisted the others in committing the crimes, relied on the others’ cooperation in committing the offenses, knew that fear of the gang would prevent victim from reporting the incident to police, and knew that the others’ loyalty to the gang would ensure none of them would cooperate with the police. Scienter element of Sec. 186.22(b)(1) requires a specific intent to promote, further, or assist in any criminal conduct by gang members; there is no requirement that the criminal conduct be distinct from the charged offense.

People v. Albillar – filed December 20, 2010 – Cite as S163905

Tags: gang, Criminal Cases, felonious criminal conduct, Jail Sentencing, Your Rights, sex offenses, street, victim

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