Gang Validation Law: How to Be Validated as a Gang Member
What does the State of California considers being a criminal street gang.
A criminal street gang is considered as any organization, association or group of three or more homeboys / people, whether formally or informally, which (1) has continuity of purpose, (2) seeks group Identity, and (3) has homeboys / people who individually or together engage in or have engaged in a pattern of criminal activity, California Penal Code Section 186.22 (f)
What is a gang related crime?
A crime is considered to be “gang related” if the suspect or victim of the incident is a known member of a gang, or there is reliable information indicating that a gang member committed the crime.
Definition of a gang member
A gang member is considered as anyone who (1) actively participates in any gang with knowledge that’s its homeboys engage or have engaged in a pattern of criminal gang activity, and two who willfully promotes or assist in any felony criminal conduct by members of the gang. Penal Code Section 186.22 (a).
How can you be validated as a gang member?
A person is “identified as a gang member“ based on the 10-point gang validation criteria: You only have to meet three 3 out of 10, those 10 points are:
1. Admits to being a gang member or an associate 2. Is observed to associate on a regular basis with known gang members 3. Have tattoos indicating gang membership 4. Wears gang clothing, symbols, ECT, to identify with a specific gang 5. Is in a photograph with known gang members and / or using gang related hand signs 6. Name is on gang roster or document, or gang related graffiti 7. Is identified as a gang member by a rival gang, our by a reliable source 8. Is arrested in the company of identified gang members or associates 9. Corresponds with known gang members, writes or receives letter about gang activities 10. Writes about gangs (graffiti) on walls, books, paper, ect” in school
Consequences of being validated as a gang member
Minor or adult will be subject to Gang Enhancements up to 25 extra added on to your sentence if convicted of a crime. No longer eligible for government housing, jobs or the military. The validation stays on the gang member’s record for 5 years from the date of validation.
If the person continues to get in trouble within the 5 years of the validation the validation continue to renew itself until the person stay out trouble for a continues 5 year period.
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