Section 2542 | CALCRIM (Jury Instructions)

3. Whose members collectively engage in or have engaged in a
pattern of criminal gang activity.
In order to qualify as a primary activity, the crime must be one of the
group’s chief or principal activities rather than an occasional act
committed by one or more persons who happen to be members of the
group.
<Give this paragraph only when the conduct that establishes the primary
activity, i.e., predicate offenses, has not resulted in a conviction or sustained
juvenile petition.>
[To decide whether the organization, association, or group has, as one of
its primary activities, the commission of
<insert felony or
felonies from Pen. Code, § 186.22(e)(1)>, please refer to the separate
instructions that I (will give/have given) you on (that/those) crime[s].]
A pattern of criminal gang activity, as used here, means:
1. [The] (commission of[,]/ [or] attempted commission of[,]/ [or]
conspiracy to commit[,]/ [or] solicitation to commit[,]/ [or]
conviction of[,]/ [or] (Having/having) a juvenile petition sustained
for commission of) (any combination of two or more of the
following crimes/[,] [or] two or more occurrences of [one or more
of the following crimes]:)
<insert one or more crimes
listed in Pen. Code, § 186.22(e)(1);
2. At least one of those crimes was committed after September 26,
1988;
3. The most recent crime occurred within three years of one of the
earlier crimes and within three years of the date of the currently
charged offense;
4. The crimes were committed on separate occasions or were
personally committed by two or more members;
5. The crimes commonly benefitted a criminal street gang;
AND
6. The common benefit from the crimes was more than reputational.
Examples of a common benefit that are more than reputational may
include, but are not limited to, financial gain or motivation, retaliation,
targeting a perceived or actual gang rival, or intimidation or silencing of
a potential current or previous witness or informant.
<Give this paragraph only when the conduct that establishes the pattern of
primary activity, i.e., predicate offenses, has not resulted in a conviction or
sustained juvenile petition>
[To decide whether a member of the gang [or the defendant] committed
WEAPONS
CALCRIM No. 2542
413

<insert felony or felonies from Pen. Code, § 186.22(e)(1)>,
please refer to the separate instructions that I (will give/have given) you
on (that/those) crime[s].]
[If you find the defendant guilty of a crime in this case, you may
consider that crime in deciding whether one of the group’s primary
activities was commission of that crime.]
[You may not consider evidence of the charged offense[s] in deciding
whether a pattern of criminal gang activity has been established.]
[You may not find that there was a pattern of criminal gang activity
unless all of you agree that two or more crimes that satisfy these
requirements were committed, but you do not have to all agree on which
crimes were committed.]
As the term is used here, a willful act is one done willingl