Men Facing Life in Prison for Rap Lyrics and Facebook Post

San Diego, Calif. – On Monday, a San Diego judge dismissed charges against a San Diego rapper and another man who were both prosecuted under a controversial law and faced life in prison.

In a case that caught the attention of national media and sparked an outcry, rapper Tiny Doo aka Brandon Duncan, whose case the Free Thought Project reported on previously, and Aaron Harvey, were charged under CA Penal Code section 182.5.

California Penal Code 182.5 makes it a felony for an individual to participate in a criminal street gang or benefit from gang activity. The penalty for violation is 25 year to life imprisonment.

To gain a conviction using this law, the prosecutor has to show that the defendant benefited from a crime the gang committed.

Harvey, Duncan and 14 other individuals were accused of conspiring with gang members under this law. The gang reportedly shot nine people in 2013 and early 2014, but neither Duncan nor Harvey were implicated in any of the shootings.

Nevertheless, Duncan and Harvey were charged with multiple felonies under 182.5 and both faced up to life in prison….


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