California Penal Code Section 186.22 PC: Gang Enhancements

Often referred to as ‘Gang Enhancements,’ California Penal Code Section 186.22 PC deals with criminal street gangs. It’s integral to the “Street Terrorism Enforcement and Prevention Act”(STEP) in California, addressing gang-related issues.

Active Participation in a Criminal Street Gang

Subsection (a) of Penal Code Section 186.22 PC defines the consequences for individuals actively participating in a criminal street gang. To be convicted under this section, a person must:

• Actively participate in a criminal street gang.
• Possess knowledge of the gang’s pattern of criminal gang activity.
• Willfully promote, further, or assist in felonious criminal conduct by gang members.

Penalties for this involvement may lead to one year in county jail. Alternatively, they can result in state prison for 16 months to three years.

Felony Committed for the Benefit of a Gang

Subsection (b) of Penal Code Section 186.22 PC addresses more severe penalties for individuals convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal street gang. To trigger these enhanced penalties, the following elements must be established:

• The specific intent to promote, further, or assist in criminal conduct by gang members.

The consequences may include additional terms of imprisonment based on the nature of the felony:

• Two, three, or four years for non-serious or non-violent felonies.
• An additional five years for serious felonies.
• An additional ten years for violent felonies.

Enhancements Near Schools

Subsection (b)(2) provides an aggravating circumstance if the underlying felony occurs within 1,000 feet of a school during school hours or when minors are present. This circumstance can lead to more severe sentencing.

Sentencing Discretion

Subsection (b)(3) grants the court discretion in imposing sentencing enhancements, allowing judges to consider the unique circumstances of each case. The court is required to specify the reasons for its choice of enhancements on the record at the time of sentencing.

Indeterminate Sentences

Probation Conditions

Understanding Key Terms

To fully comprehend Penal Code Section 186.22 PC, it’s essential to familiarize oneself with key terms used within the statute:

• “Pattern of criminal gang activity” (Subsection (e)): This phrase refers to the commission, attempted commission, conspiracy to commit, or solicitation of specified offenses by gang members, with at least one offense occurring after the effective date of this statute. These offenses require separate occurrences or involvement by two or more gang members, benefiting the gang beyond reputation.

• “Criminal street gang” (Subsection (f)): Defined as an organized association of three or more persons, formal or informal, with primary activities involving the commission of specified criminal acts, common identifiers, and a pattern of criminal gang activity.