California Penal Code 186.22

In People v. Green (1991) 227 Cal.App.3d 692 the appellate court held that active participation in a street gang, as that term is used in the substantive crime contained in section 186.22, subdivision (a), referred to a person who devoted all or a substantial portion of his time and efforts to the gang. The Supreme Court in People v. Castenada (2000) 23 Cal.4th 743 overruled Green and held that the active participation contained in section 186.22, subdivision (a) requires proof that the defendant's involvement with the gang is more than nominal or passive. "The prosecution must prove that the crime for which the defendant was convicted had been 'committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.'" ( People v. Gardeley, supra, 14 Cal.4th at pp. 616-617.)