Gangs - Revision history

Sysop at 16:47, 29 August 2025

2025-08-29T16:47:37Z

← Older revision		Revision as of 16:47, 29 August 2025
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	People v. Aguirre (Aug. 28, 2025, S175660)		People v. Aguirre (Aug. 28, 2025, S175660)

			People v. Fletcher (Aug. 25, 2025, S281282)

	==Definitions==		==Definitions==

Sysop at 16:44, 29 August 2025

2025-08-29T16:44:22Z

← Older revision		Revision as of 16:44, 29 August 2025
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			AB333

			People v. Aguirre (Aug. 28, 2025, S175660)

	==Definitions==		==Definitions==

Sysop at 12:45, 21 November 2023

2023-11-21T12:45:05Z

← Older revision		Revision as of 12:45, 21 November 2023
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	Prison, not 1170(h), under PC1170(h)(3)/PC1192.7(c)(28)		Prison, not 1170(h), under PC1170(h)(3)/PC1192.7(c)(28)

	(b)(1)(A) +2-3-4 and becomes serious		*(b)(1)(A) +2-3-4 and becomes serious
	(b)(1)(B) serious felony gets +5 years		*(b)(1)(B) serious felony gets +5 years
	(b)(1)(C) violent felony gets +10 years		*(b)(1)(C) violent felony gets +10 years
	(b)(4)(B) shooting at house (3-5-7) becomes 15-to-life		*(b)(4)(B) shooting at house (3-5-7) becomes 15-to-life
	(b)(4)(B) PC215 (3-5-9) becomes 15-to-life		*(b)(4)(B) PC215 (3-5-9) becomes 15-to-life
	(b)(4)(B) PC213(a)(1)(A) (3-6-9) becomes 15-to-life		*(b)(4)(B) PC213(a)(1)(A) (3-6-9) becomes 15-to-life
	(b)(4)(B) shooting from car (5-6-10) becomes 15-to-life		*(b)(4)(B) shooting from car (5-6-10) becomes 15-to-life
	(b)(4)(C) 136.1 (16-2-3) becomes 7-to-life		*(b)(4)(C) 136.1 (16-2-3) becomes 7-to-life
	(b)(4)(C) extortion (2-3-4) becomes 7-to-life		*(b)(4)(C) extortion (2-3-4) becomes 7-to-life
	(b)(5) 7-to-life enhancements become 15-to-life		*(b)(5) 7-to-life enhancements become 15-to-life


	==Statute==		==Statute==

Sysop at 04:10, 18 October 2023

2023-10-18T04:10:55Z

← Older revision		Revision as of 04:10, 18 October 2023
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	==(a) count, substantive felony==		==(a) count, substantive felony==

			==(b) enhancement==
			Prison, not 1170(h), under PC1170(h)(3)/PC1192.7(c)(28)

			(b)(1)(A) +2-3-4 and becomes serious
			(b)(1)(B) serious felony gets +5 years
			(b)(1)(C) violent felony gets +10 years
			(b)(4)(B) shooting at house (3-5-7) becomes 15-to-life
			(b)(4)(B) PC215 (3-5-9) becomes 15-to-life
			(b)(4)(B) PC213(a)(1)(A) (3-6-9) becomes 15-to-life
			(b)(4)(B) shooting from car (5-6-10) becomes 15-to-life
			(b)(4)(C) 136.1 (16-2-3) becomes 7-to-life
			(b)(4)(C) extortion (2-3-4) becomes 7-to-life
			(b)(5) 7-to-life enhancements become 15-to-life


	==Statute==		==Statute==

Sysop at 22:32, 14 October 2023

2023-10-14T22:32:19Z

← Older revision		Revision as of 22:32, 14 October 2023
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	====Name====		====Name====

	~~"211 187 Hard Way Gangster Crips" ''People v. Jones'' (2003) 30 Cal.4th 1084~~



	People v. Jones (2003) 30 Cal.4th 1084		People v. Jones (2003) 30 Cal.4th 1084
Line 33:		Line 29:

	• People did not have to prove links between D's gang subset and Sureños, where gang D associated with, the gang committing the predicate offenses, and the gang re the primary activity evidence all pertained to the broader Sureño gang. People v. Vasquez (2022) 74 Cal.App.5th 1021		• People did not have to prove links between D's gang subset and Sureños, where gang D associated with, the gang committing the predicate offenses, and the gang re the primary activity evidence all pertained to the broader Sureño gang. People v. Vasquez (2022) 74 Cal.App.5th 1021

	~~"Sons of Death" ''People v. Fiu'' (2008) 165 Cal.App.4th 360~~

	====Primary Activity====		====Primary Activity====
Line 42:		Line 36:
	• “A” primary activity must be one of dirty 26		• “A” primary activity must be one of dirty 26

	Occasional misconduct by members of an		Occasional misconduct by members of an organization does not satisfy the primary activities element, e.g. Los Angeles Police Department and environmental activists. People v. Sengpadychith (2001) 26 Cal.4th 316
	organization does not satisfy the primary
	activities element, e.g. Los Angeles Police
	Department and environmental activists.
	People v. Sengpadychith (2001) 26 Cal.4th 316

	• 186.22(e)(1)(a)-(z)		• 186.22(e)(1)(a)-(z)

Sysop at 22:25, 14 October 2023

2023-10-14T22:25:29Z

@@ Line 8: / Line 8: @@
 ) Common name or common identifying sign or symbol.
 People v. Prunty (2015) 62 Cal.4th 59
@@ Line 19: / Line 33: @@
 • People did not have to prove links between D's gang subset and Sureños, where gang D associated with, the gang committing the predicate offenses, and the gang re the primary activity evidence all pertained to the broader Sureño gang. People v. Vasquez (2022) 74 Cal.App.5th 1021
 "Sons of Death" ''People v. Fiu'' (2008) 165 Cal.App.4th 360

Sysop at 21:14, 16 April 2023

2023-04-16T21:14:15Z

← Older revision		Revision as of 21:14, 16 April 2023
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	CALJIC 17.24.3 / CALCRILM 1403; People v. Rivas (2013) 214		CALJIC 17.24.3 / CALCRILM 1403; People v. Rivas (2013) 214
	Cal.App.4th 1410		Cal.App.4th 1410

			==(a) count, substantive felony==


	==Statute==		==Statute==

Sysop at 04:38, 16 April 2023

2023-04-16T04:38:16Z

@@ Line 219: / Line 219: @@
 PC186.22(e) As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter, and the last of those offenses occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed, the offenses were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit from the offenses is more than reputational:
 NOT Pattern Offenses
@@ Line 227: / Line 237: @@
 • Simple Assault People v. Williams (2009) 170
 Cal.App.4th 587
 ==Statute==

Sysop: /* Pattern offense / Predicate offense */

2023-04-16T04:36:44Z

Pattern offense / Predicate offense

@@ Line 99: / Line 99: @@
 Members must have engaged in pattern
 PC186.22(e) As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter, and the last of those offenses occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed, the offenses were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit from the offenses is more than reputational:
 ==Statute==

Sysop: Created page with " ==Definitions== ===Gang=== PC186.22(f): As used in this chapter, “criminal street gang” means an ongoing, organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity..."

2023-04-16T04:34:24Z

Created page with " ==Definitions== ===Gang=== PC186.22(f): As used in this chapter, “criminal street gang” means an ongoing, organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity..."

New page

==Definitions==

===Gang===
PC186.22(f): As used in this chapter, “criminal street gang” means an ongoing, organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity.

1) An ongoing, organized association or group or three or more people, whether formal or informal. But not a labor union. (PC186.23)

2) Common name or common identifying sign or symbol.

People v. Prunty (2015) 62 Cal.4th 59

Subsets must be united by more than common names, signs or symbols, enemies or loose philosophies.

• People v Miranda (2016) 2 Cal.App.5th 829; People v. Ewing (2016) 244 Cal.App.4th 359; People v. Lara (2017) 9 Cal.App.5th 296;
People v. Garcia (2017) 9 Cal.App.5th 364; People v. Resendez (2017) 13 Cal.App.5th 181

• People v. Ramirez (2016) 244 Cal.App.4th 800; People v. Nicholes (2016) 246 Cal.App.4th 836; People v. Cornejo (2016) 3 Cal.App.5th 36; People v. Williams (2008) 167 Cal.App.4th 983

• People did not have to prove links between D's gang subset and Sureños, where gang D associated with, the gang committing the predicate offenses, and the gang re the primary activity evidence all pertained to the broader Sureño gang. People v. Vasquez (2022) 74 Cal.App.5th 1021

"211 187 Hard Way Gangster Crips" ''People v. Jones'' (2003) 30 Cal.4th 1084

"Sons of Death" ''People v. Fiu'' (2008) 165 Cal.App.4th 360

====Primary Activity====

“…commission of one or more of the statutorily enumerated crimes is one of the group's ‘chief’ or ‘principal’ occupations.” People v. Sengpadychith (2001) 26 Cal.4th 316, 323

• “A” primary activity must be one of dirty 26

Occasional misconduct by members of an
organization does not satisfy the primary
activities element, e.g. Los Angeles Police
Department and environmental activists.
People v. Sengpadychith (2001) 26 Cal.4th 316

• 186.22(e)(1)(a)-(z)

PC 245 ‐‐ ADW/Ass. w/
Firearm/GBI likely
• PC 211 – Robbery
• PC 187 et seq. –
Murder/Manslaughter
• H&S 11378, 11379, 11351,
11352, 11351.5, 11379.6 – Poss
for Sale/Sale/Transport/Mfg CS
• PC 246 – Shooting at
dwelling/MV.
• PC 26100 – Discharging or
permitting the discharge of a
firearm from aMV
• PC 450 et seq. – Arson.
• PC 136.1 – Wit Intimidation
• PC 487(a) and (c) – GT, GT Person
• PC 487(d) – GT Gun/Auto
• PC 459 – Burglary.
• PC 261 – Rape.
• PC 186.10 –Money Laundering.
• PC 207 ‐‐ Kidnapping
• PC 203 – Mayhem.
• PC 205 – Agg. Mayhem.
• PC 206 – Torture.
• PC 518 & 520 – Extortion.
• PC 215 – Carjacking.
• PC 27500 – Transfer of firearm.
• PC 29610 – Possession of a
concealed firearm.
• PC 422 – Criminal Threats.
• VC 10851 – Theft/driving of a
vehicle.
• PC 29800 – Felon possess firearm
• PC 25400 – Carrying a concealed
firearm.
• PC 25850

Proof
• Expert testimony
• Current crimes*
• After current offense?
• “the group's members
consistently and
repeatedly have
committed criminal
activity listed in the gang
statute.” People v.
Garcia and Austin (2020)
46 Cal.App.5th 123
(citing Sengpadychith)
• Past crimes
• People v. Vy (2004) 122
Cal.App.4th 1209 cf.
People v. Perez (2004)
118 Cal.App.4th 151

====Pattern offense / Predicate offense====

Members must have engaged in pattern

PC186.22(e) As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter, and the last of those offenses occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed, the offenses were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit from the offenses is more than reputational:

==Statute==