California Penal Code

§ 186.22

PEN § 186.22 Effective Jan 1, 2022Title 7 · Part 1 · Ch. 11

Statute text

(a)A person who actively participates in a 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 felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.

(b)(1) Except as provided in paragraphs (4) and (5), a person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the person has been convicted, be punished as follows:

(A)Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court’s discretion.

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Legislative history

Amended (as amended by Stats. 2017, Ch. 561, Sec. 179) by Stats. 2021, Ch. 699, Sec. 4. (AB 333) Effective January 1, 2022. Section operative January 1, 2023, by its own provisions.