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Name: People v. Superior Court (Johnson)
Case #: A106264
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/21/2004
Subsequent History: 9/29/04 rev. den.

There is nothing unreasonable, arbitrary, or capricious in applying the Street Terrorism Enforcement and Prevention (STEP) Act to a group of individuals who were part of a conspiracy to deface property with graffiti. There is no requirement that there must be a violent crime to invoke the provisions of the STEP Act. The requirements of the STEP Act are sufficiently explicit to inform those who are subject to it what constitutes a gang for purposes of the Act. The Legislature intended the STEP Act to apply to a group whose only alleged criminality is engaging in felony vandalism. Therefore, where appellants were part of a group identified as “KUK,” who defaced buildings, structures, murals, all over San Francisco and Alameda counties, the STEP Act applied, and the order granting the Penal Code section 995 motion was reversed.