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Understanding the Gang Enhancement Law of California

Written by Jill Harness and Edited by Peter Liss

Last Updated on July 2, 2025

three men holding guns to illustrate gang enhancement laws in California

California is home to some of the nation’s longest-running and most deadly street gangs. In 1988, to curb the violence associated with these criminal organizations, the state enacted Penal Code section 186.22 (PC), known as the California Street Terrorism Enforcement and Prevention (STEP) Act. Unfortunately, these measures ended up being disproportionately used against minority communities by allowing anyone considered to be “affiliated with a gang” to be subject to sentencing enhancements if they were accused of any criminal offense. In fact, the defendants involved in 92% of gang enhancement cases are persons of color. To help remedy this inherent bias in the law, the California legislature introduced sweeping changes to the state’s gang crime law in 2022. These reforms were detailed under AB 333, which became known as the STEP Forward Act.

What are Gang Enhancements?

In California, if police or prosecutors suspect someone committed a crime for the benefit of a gang, they may add a gang enhancement to the charges. While this is not a stand-alone criminal charge, it will drastically increase the consequences for any crimes someone is convicted of.

Because this is only an enhancement, someone facing these charges could be found guilty of the original crime without a gang association and not face the enhanced sentence. Alternatively, they could be determined to be in a gang but innocent of the underlying offense, freeing them from any penalties.

What Are the Penalties for Gang Enhancements?

Under California’s gang crime laws found under penal code section 186.22 (PC), a gang enhancement can be a felony or misdemeanor. Anyone found guilty of a misdemeanor enhancement will be subjected to a minimum sentence of 180 days in county jail. As a felony, up to four additional years can be added to the sentence. In a case involving very serious violent crimes, like murder or a drive-by shooting, you could have ten years to life imprisonment added to your sentence.

Even if someone is granted probation, if they have been found guilty of a gang crime, they will still be required to serve a minimum sentence of 180 days in jail before they can serve their probation. In some cases though, a judge can choose to strike a gang sentencing enhancement, including the minimum jail sentence, which is why it pays to work with a top San Diego defense attorney when facing these serious allegations.

What Crimes are Subject to this Law?

Prior to the passage of the STEP Forward Act in 2022, any misdemeanor or felony offense could be used to show someone “engaged in a pattern of criminal gang activity.” Now, only felony offenses are subject to these sentencing enhancements, and looting, felony vandalism, and identity theft are exempt from the law. Another change is that the current crime cannot be used as evidence that the defendant engaged in a pattern of gang activity. Offenses that may be used to help secure a gang enhancement include:

Proving Someone is Part of a Gang

Another significant change of AB 333 is the ability of the prosecution to prove someone is a member of a street gang. The previous methods of connecting a defendant with a gang are part of the reason these laws were so disproportionately applied to people of color.

Simply associating with gang members or going to a location tied in with gang activity was enough to show that someone was involved in a gang. However, when someone lives in an area with many gang members, like Mesa Margarita, eventually, everyone ends up being associated with gang members or locations. Children play at parks, like Brengle Terrance Park, where gangsters sell drugs. People in gangs have family members who aren’t in the street gang, but were automatically considered to be under these laws due to their association.

Now, prosecutors must prove the defendant didn’t simply have an association with the gang but was a member committing a crime on behalf of the organization.

Additionally, the California Supreme Court clarified that Section (a) of Penal Code 186.22 (PC) is not violated by a gang member acting alone, but only when an active gang member commits a felony offense with one or more members of their gang.

The Gang Member Database

Unfortunately, while simply associating with someone in a street gang does not establish membership under AB 333, being in a gang member database might. Being in a database is often all the proof police need to put someone in the state’s gang registry. These registries document your name, photo, aliases, tattoos, vehicles, activities, etc.

The statewide gang database (CalGang) was established in 1998 as a way for police to find out if a person is an alleged gang member. Law enforcement officials maintain a shared with police and sheriff’s departments across California. The San Diego police department and other law enforcement agencies throughout the state also operate their own regional registries.

You will be added to the statewide gang member registry if you are convicted of a gang crime. You can be added to a registry without being convicted of a crime if police believe you are part of a criminal street gang because you meet two qualifying factors on a list of subjective traits. Since the registry was established, people have argued that it disproportionately targets people of color and that it has been too easy for innocent people to be added to the database. Traits used to determine gang membership include:

  • Admitting to being a gang member
  • Being identified as a gang member by a “reliable source”
  • Being arrested or suspected, though not necessarily convicted, for a crime consistent with gang activities (which could include burglaries, drug crimes, murder, and more)
  • Associating with people already documented as gang members (including family members)
  • Spending time in known gang areas (which may include public parks)
  • Using gang symbols and signs
  • Wearing clothing associated with street gangs (including certain colors or sports teams)
  • Having gang tattoos
  • Posting materials related to gangs on social media (including memes on Facebook or Twitter)

If you are on the registry, police officers will see your name and photo when they look you up in their database. Sometimes, they’ll even do this for a traffic citation, which may give them a legal reason to stop you on the street or in your vehicle. Surprisingly, some employers and landlords even check the gang member registry before hiring someone or renting them a new home. In other words, even if you never face criminal accusations, being on a gang database can still be a problem.

Can You be Removed from the Gang Crime Database?

These registries document your name, photo, aliases, tattoos, vehicles, activities, etc. Many people already in these registries don’t even know it, though police are now legally required to notify people they add to a gang registry. If you aren’t sure but believe you may be on a gang crimes database, you or your criminal defense lawyer can ask a local law enforcement agency. Those who feel they were wrongly added to a registry can fight their inclusion first with a local law enforcement agency. If the agency refuses to remove them, they can then go through the courts. If you have been wrongly added to a gang database, the San Diego County District Attorney is very open to motions for removal.

Local law enforcement agencies have contributed 6% of the CalGang database entries, according to KPBS, which are disproportionately made up of people of color. In fact, while only 34% of the county’s population is Hispanic, they make up 70% of the county’s additions to the database between 2017 and 2019. Similarly, 19% of San Diego’s documented gang members were black, and only 5% of the population is black. While 45% of the area’s population is white, they only make up 3% of the gang database entries.

Gangs in North San Diego County

It’s estimated that there are between 20 and 30 gangs in San Diego County. Some of the largest and most active gangs in North County include:

  • The Vista Homeboys
  • The Active Vandals
  • The Varrio Posoloe Locos
  • The Varrio Mesa Locos,
  • The Oceanside Crips
  • The Deep Valley Bloods
  • The Deep Valley Crips
  • Krook City Bloods
  • Diablo Gang
  • Varrio San Marcos
  • Westside Gang
  • Eastside Gang
  • Encinitas Tortilla Flats
  • Street Villians

What to do if You’re Accused

When you have been accused of criminal activity related to a street gang, do not say anything to the police or prosecutors unless you have a criminal defense lawyer present. Remember that anything you say can and will be used against you. As soon as you have been arrested, call (760) 643-4050 or (858) 486-3024 to schedule a free consultation with the criminal defense law firm of Peter M. Liss.