”Active Gang Member” Legal Definition

In People v. Englebrecht (2001) 88 Cal.App.4th 1236, the appellate court defined "active gang member" as follows:

"We conclude for the purposes of a gang injunction an active gang member is a person who participates in or acts in concert with an ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of acts constituting the enjoined public nuisance, having a common name or common identifying sign or symbol and whose members individually or collectively engage in the acts constituting the enjoined public nuisance. The participation or acting in concert must be more than nominal, passive, inactive or purely technical." (88 Cal.App.4th 1236, 1261.)