It is illegal to participate in a criminal street gang and willfully promote, further, or assist in any felony committed by any member of the gang per Section 186.22 of the Penal Code. Violation of CPC §186.22 carries a maximum penalty of up to three years in a state prison, an additional term that must be served immediately after serving the sentence for an original offense. A conviction under this is a Strike offense under California’s 3 strikes law.
In January 2022, the California Legislature passed Assembly Bill 333. AB 333, also called the STEP Forward Act was passed in an attempt to rectify the racial injustice that gang enhancements have on certain communities. AB 333 would update Penal Code § 186.22 by redefining certain terms and increasing the standards for applying gang enhancements. Under AB 333, an accused can only get a greater sentence with gang enhancements if the government can prove: 1) The Crimes committed form a pattern of criminal gang activity, and 2) The Crimes have benefitted a criminal street gang, and the common benefit must be more than reputational.
AB 333 no longer allows the government to use the currently charge act as proof of a “pattern of criminal gang activity.” Requiring that the “common benefit must be more than reputational,” this law would force the government to prove an actual connection between the accused and a gang. Prior to AB 333, individuals were charged with the gang enhancement for merely being from the same neighborhood, being related to gang members or acquaintances with a gang.
AB 333 also removes felony vandalism, and specified fraud violations from crimes that ordinarily counted as “a pattern of criminal gang activity.” “Criminal street gang” is redefined as a group of three or more persons with a common name or identifying symbol. One of the primary activities of the group must be the commission of one or more enumerated criminal acts, and the members must be collectively engaged in a pattern of criminal gang activity.
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