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PC 186.26 Coercion to Participate in Street Gang a Felony - Penalties

PC 186.26 Coercion to Participate in Street Gang a Felony - Penalties

(a) Any person who solicits or recruits another to actively participate in a criminal street gang, as defined in subdivisions (f) of Section 186.22, with the intent that the person solicited or recruited participate in a pattern of criminal street gang activity, as defined in subdivision (e) of section 186.22, or with the intent that he person solicited or recruited promote, further, or assist in any felonious conduct by members of the criminal street gang, shall be punished by imprisonment in the state prison for 16 months, or two or three years.

(b) Any person who threatens another person within physical violence on two or more separate occasions within any 30-day period with the intent to coerce, induce, or solicit any person to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, shall be punished by imprisonment in the state prison for two, thee, or four years.

(c) Any person who uses physical violence to coerce, induce, or solicit another person to actively participate in any criminal street gang, as defined in subdivision (f) of Section 186.22, or to prevent the person from leaving a criminal street gang, shall be punished by imprisonment in the state prison for three, four, or five years.

(d) If the person solicited, recruited, coerced, or threatened pursuant to subdivision (a), (b), or (c) is a minor, an additional term of three years shall be imposed in addition and consecutive to the penalty prescribed for a violation of any of these subdivisions.

(e) Nothing in this section shall be construed to limit the prosecution under any other provision of law.

Notes on Gang enhancements in Fresno:

Fresno is a notorious hot bed for violent crimes.  The central location being along major highways and freeways along with the combination of having its own gang classifications causes Fresno have a high rate of gang related crimes.  It also causes several crimes that would otherwise not fall within a gang classification to be labeled gang related or for the benefit of a criminal street gang.  The large population of gangs, including Fresno Bulldogs, Northerners, Southerners, along with several tagging crews have led to police arresting, and the District Attorney subsequently charging gang enhancements and/or allegation along with many other crimes.  This causes a greater exposure to longer prison sentences many individuals.  Perhaps in less central, or less diversified areas the gang charges would be less common, but in Fresno they are commonly charged enhancements that have serious long term consequences on the individual.

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