The Legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, gender, gender identity, gender expression, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the
constitutionally protected rights of freedom of expression and association. The Legislature hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
The Legislature, however, further finds that the State of California is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. The Legislature finds that there are nearly 600 criminal street gangs operating in California, and that the number of gang-related murders is increasing. The
Legislature also finds that in Los Angeles County alone there were 328 gang-related murders in 1986, and that gang homicides in 1987 have increased 80 percent over 1986. It is the intent of the Legislature in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The Legislature further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs.
Notes of Decisions
Cited in
25
cases (
4 in the last 5 years), 1994–2024 · leading case:
People v. Rodriguez, 290 P.3d 1143 (Cal. 2012).
People v. Rodriguez, 290 P.3d 1143 (Cal. 2012).
· cites it 4× “‟ (Pen. Code, § 186.21.) The act‟s express purpose was „to seek the eradication of criminal activity by street gangs.”
People v. Albillar, 244 P.3d 1062 (Cal. 2010).
· cites it 2× “" (Pen. Code, § 186.21.) (3) The gravamen of the substantive offense set forth in section 186.”
People v. Valencia, 489 P.3d 700 (Cal. 2021).
· cites it 2× “” (Pen. Code, § 186.21, 2d par.) The Legislature sought to balance the “constitutionally protected rights of freedom of expression and association” (id.”
People v. Prunty, 355 P.3d 480 (Cal. 2015).
· cites it 2× “(Pen. Code, § 186.21;1 People v. Rodriguez (2012) 55 Cal.”
Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013).
· cites it 3× “at 41 (quoting Cal. Penal Code § 186.21 ). Colonia Chiques supports Orange’s position that under California law, it was not required to name all of a gang’s active members as parties to obtain an injunction against the gang.”
Castaneda v. Olsher, 162 P.3d 610 (Cal. 2007).
· cites it 2× “Duty Not to Rent to Gang Members Plaintiff emphasizes the threat violent street gangs and associated illicit drug dealing pose to the safety of peaceful Californians and argues the extent of this danger warrants imposing a duty on land-lords not to rent to gang members.”
People v. Johnson, 303 P.3d 379 (Cal. 2013).
· cites it 2× “That provision is part of the California Street Terrorism Enforcement and Prevention Act (STEP Act) (§ 186.20 et seq.). “Underlying the STEP Act was the Legislature’s recognition that ‘California is in a state of crisis which has been caused by violent street gangs whose members…”
People v. Lamas, 169 P.3d 102 (Cal. 2007).
· cites it 2× “), and later the Anti-Street Crimes Act of 1995 (Stats.1996, ch. 787, §§ 1, 2, 3).”
People v. Renteria, 515 P.3d 77 (Cal. 2022).
“” (Pen. Code, § 186.21.) The gang enhancement provisions provide one of two primary means by which the STEP Act punishes criminal gang activity.”
People v. Gardeley, 927 P.2d 713 (Cal. 1996).
“” (Pen. Code, § 186.21.) The act’s express purpose was “to seek the eradication of criminal activity by street gangs.”
People v. Rios, 222 Cal. App. 4th 542 (Cal. Ct. App. 2013).
“’ (Pen. Code, § 186.21.) The act’s express purpose was ‘to seek the eradication of criminal activity by street gangs.”
People v. Loeun, 947 P.2d 1313 (Cal. Ct. App. 1997).
“) The act defines “criminal street gang” as any ongoing association that consists of three or more persons, that has a common name or common identifying sign or symbol, that has as one of its “primary activities” the commission of certain specified criminal offenses, and that…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.