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Thanks to a confusing and controversial state law brought about in 2000, a San Diego rapper may face imprisonment for making a hip hop album.
Brandon Duncan, whose rap name is Tiny Doo and who has rapped alongside Lil' Wayne, recently released an album called No Safety. The album is now being used as part of a gang trial involving nine local shootings.
Below: Hear Tiny Doo's 'No Safety'
A state law, which was put in place by voters 14 years ago and which is similar to the UK joint enterprise law, allows for the prosecution of gang members if they benefit from crimes committed by other gang members.
The prosecution is therefore arguing that, because Duncan's gang gained in status following the shootings, he sold more albums, and thus benefitted from the murders. This is despite the fact that, as 10 News reports, Duncan has not been linked to the shootings.
Duncan's attorney, Brian Watkins, said: "It's shocking. He has no criminal record. Nothing in his lyrics say go out and commit a crime. Nothing in his lyrics reference these shootings, yet they are holding him liable for conspiracy. There are huge constitutional issues."
On Monday, a judge decided that Brandon Duncan will face trial.
