States generally criminalize gang participation, 1 enhance the penalty for a crime when it is committed in furtherance of a gang, 2 or both. 3 If a state enacts a gang participation statute, the criminal act element is generally described as actively participating in a criminal gang and promoting, furthering, or assisting in any felony, with the general intent or knowingly that members of the gang engage in a pattern of criminal gang activity. 4 Gang participation is generally graded as a felony. 5 Gang enhancement statutes enhance the defendant’s sentence for actually committing a misdemeanor or felony with the specific intent or purposely to benefit, promote, or further the interests of the criminal gang.6 Some jurisdictions only provide gang enhancement for the commission of a felony. 7
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