CC 1400 is used to explain to the jury the crime of active participation in a criminal street gang under PC 186.22(a).
CC 1400, along with the related instructions in CC 1401 and 2542, were revised in August, 2013, due to the California Supreme Court’s opinion in People v. Rodriguez (2012) 55 Cal. 4th 1125.
In People v. Rodriguez, [] The Supreme Court clarified that a violation of Penal Code section 186.22(a) requires that a defendant willfully assist, further, or promote felonious criminal conduct by acting together with at least one other member of a criminal street gang. Because a total of at least two gang members must participate in that conduct and the defendant may, but need not, be a gang member, the committee proposes adding the following explanation to each of these instructions:
“At least two gang members must have participated in committing the felony offense. The defendant may count as one of those members if you find that the defendant was a member of the gang.” (Advisory Committee on Criminal Jury Instructions Report (July 15, 2013) at p. 4.)
