Albillar

I concur in the majority’s construction of Penal Code section 186.22, subdivision (a). 1 With respect to the enhancement imposed on each defendant under subdivision (b) of section 186.22, I concur as well with the majority’s conclusion that the evidence supported a true finding on the second prong, i.e., that each defendant acted “with the specific intent to promote, further, or assist in any criminal conduct by gang members” (id., subd. (b)(1)). I disagree, however, that the evidence supports a true finding on the first prong of the enhancement—that the crimes were committed “for the benefit of, at the direction of, or in association with any criminal street gang.” (Ibid.)

I.

The proliferation of criminal street gangs and gang-related crimes is deeply troubling, impacting our neighborhoods, our citizenry and our families, and *69 threatening the individual personal security of us all. In the California Street Terrorism Enforcement and Prevention Act (the STEP Act; § 186.20 et seq.), the Legislature has attempted to address this disturbing state of affairs by imposing enhanced punishment for felonies committed by a gang member if the offense is gang connected or accompanied by a…

Defendants Albert Andrew Albillar, Alex Albillar, and John Madrigal stand convicted by a jury of forcible rape while acting in concert (Pen. Code, §§ 261, subd. (a)(2), 264.1), forcible sexual penetration while acting in concert (id., §§ 289, subd. (a)(1), 264.1), and active participation in a criminal street gang (id., § 186.22, subd. (a)). The jury further found that the sex offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members. (Id., § 186.22, *51 subd. (b).) Defendants challenge the sufficiency of the evidence supporting their convictions of the substantive gang offense as well as the gang enhancements. This appeal raises three issues.

The first involves the substantive offense defined by Penal Code section 186.22, subdivision (a) (section 186.22(a)), which punishes “[a]ny person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by…

Defendants Albert Andrew Albillar, Alex Albillar, and John Madrigal stand convicted by a jury of forcible rape while acting in concert (Pen. Code, §§ 261, subd. (a)(2), 264.1), forcible sexual penetration while acting in concert ( id., §§ 289, subd. (a)(1), 264.1), and active participation in a criminal street gang ( id., § 186.22, subd. (a)). The jury further found that the sex offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members. ( Id., § 186.22, subd. (b).) Defendants challenge the sufficiency of the evidence supporting their convictions of the substantive gang offense as well as the gang enhancements. This appeal raises three issues.

The first involves the substantive offense defined by Penal Code section 186.22, subdivision (a) (section 186.22(a)), which punishes "[a]ny person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by…