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Legal Topics > Criminal Law and Police > General/Other - Criminal Law and Police > Criminal Law

Is it a Crime to be in a Gang?

Is it a Crime to be in a Gang?
While it is not necessarily illegal to be in a gang, many states have enacted laws aimed at deterring gang membership and gang activities.  Many states have laws criminalizing loitering, which may make it illegal for gang members to congregate on the street.  It is also important to note that conspiracy is a crime, so anyone who plans to commit a crime with another person may be guilty of conspiracy.  In California it is also a crime to willfully promote or assist in any criminal conduct of a street gang.

What is a Gang Enhancement?
In California, there is a stiffer penalty for crimes committed by â¿¿criminal street gangs.â¿ı  If a crime is committed by a member of a criminal street gang, the defendant may face an additional 2 to 10 years in prison, which enhances the punishment for the underlying crime. 

Is Gang Membership a Form of Terrorism?
In New York a group of gang members were arrested under state anti-terrorism laws because they intended to â¿¿intimidate or coerce a civilian population.â¿ı  The state anti-terrorism law also provides for stiffer penalties for crimes committed if the crime is considered a form of terrorism. 

Do I Need a Lawyer for my Gang Problem?
If you have been accused of a crime you should speak to a criminal defense attorney immediately.  An experienced criminal defense lawyer can advise you of your rights, legal defenses, and the complicated legal system. 

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