186.22. (a) 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.

• This is a charging section, but must be attached to a felony
• Must be supported by background and/or expert opinion
• Key phrase is active participation, which is defined as actions that are more than normal or passive

186.22. (b) (1) Any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members

• This is enhancement, which is attached to a felony
• This is not a charging section
• Must be supported by expert opinion

186.22. (d) Any person who is convicted of a public offense punishable as a felony or a misdemeanor, which is committed for the benefit of, at the direction of or in association with, any criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members

• This is an enhancement, which is attached to a misdemeanor
• This is not a charging section
• Must be supported by expert opinion

186.22. (e) “Pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solication 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 after a prior offense, and the offenses were committed on separate occasions, or by two or more persons:

1. Assault with a deadly weapon or by menas of force likely to produce gbi, as 245
2. Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1.
3. Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Tile 8 of Part 1.
4. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code.
5. Shooting at an inhabited dwelling or occupied motor vehicle, as defined in 246.
6. Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034.
7. Arson, as defined in Chapter 1 (commencing with Section 450 of Title 13.
8. The intimidation of witnesses and victims, as defined in Section 136.1.
9. Grand theft, as defined in subdivision (a) or (c) of Section 487.
10. Grand theft of any firearm, vehicle, trailer, or vessel.
11. Burglary, as defined in Section 459.
12. Rape, as defined in Section 261.
13. Looting, as defined in Section 463.
14. Money laundering, as defined in Section 186.10.
15. Kidnapping, as defined in Section 207.
16. Mayhem, as defined in Section 203.
17. Aggravated mayhem, as defined in Section 205.
18. Torture, as defined in Section 206.
19. Felony extortion, as defined in Sections 518 and 520.
20. Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594.
21. Carjacking, as defined in Section 215.
22. The sale, delivery, or transfer of a firearm, as defined in Section 12072.
23. Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101.
24. Threats to commit crimes resulting in death or great bodily injury, as defined in 422.
25. Theft and unlawful taking or driving of a vehicle, 10851 of the Vehicle Code.
26. Felony theft of an access card or account information, as defined in Section 484e.
27. Counterfeiting, designing, using, attempting to use an access card, as in 484f.
28. Felony fraudulent use of an access card or account information, as defined in 484g.
29. Unlawful use of personal identifying information to obtain credit, goods, services, or medical information, as defined in Section 530.5.
30. Wrongfully obtaining Department of Motor Vehicles documentation, as in 529.7.
31. Prohibited possession of a firearm in violation of Section 12021.
32. Carrying a concealed firearm in violation of Section 12025.
33. Carrying a loaded firearm in violation of Section 12031.

186.22. (f) As used in this chapter, “criminal street gang” means any ongoing organization, 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 paragraphs (1) to (25), inclusive, of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have Engaged in a pattern of criminal activity.

• Primary activities – The chief or principal occupation of the gang
  1. Commission, not conviction
• Pattern of criminal activity – Predicate Acts – 186.22(e)
• Must be supported by facts, specific cases, and expert opinion

Other Relevant Sections

186.26. (a) Any person who solicits or recruits another to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, with the intent that the person solicited or recruited participate in a pattern of criminal street gang activity.

186.30. (a) Any person described in subdivision (b) shall register with the chief of police of the city in which he or she resides, or the sheriff of the county if he or she resides in an unincorporated area, within 10 days of release from custody or within 10 days of his or her arrival in any city, county, or city and county to reside there.

186.33. (a) Any person required to register pursuant to Section 186.30 who knowingly violates any of its provisions is guilty of a misdemeanor.