- California Penal Code Section 186.22(b)
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California Bondsman for Gang Enhancement / PC 186.22(b)
California Penal Code Section 186.22(b)
California Penal Code 186 defines exactly what constitutes illegal gang activity, as well as the corresponding penalties. The first part of this law makes it a crime to knowingly participate in a street gang. It goes on to state that if you actively participate in a gang that you know engages in criminal activity and promotes, assists or furthers any felonious activity of that gang, you are guilty of a crime. This crime can be considered a felony or misdemeanor, and it makes the mere act of being in a gang illegal.
The law also sets forth sentencing enhancements for people who commit felonies that are associated with criminal gangs. This means that if a gang directed a person to commit a felony, the defendant will face a sentence enhancement. A sentence enhancement will also be attached if the crime was done to benefit, promote, assist or was in association with illegal gang activity. These enhancements apply even if a person isn’t an active member of the gang.