San Diego rapper Tiny Doo is facing a possible 25-year prison sentence for his violent song lyrics under a little-known California statute, although experts are concerned the statute violates constitutional rights.
The statute "makes it illegal to benefit from gang activities,"
CNN said, and prosecutors believe lyrics on Tiny Doo’s album “No Safety” have a “direct correlation” with gang activity, and specifically shootings that occurred in 2013.
The rapper, whose real name is Brandon Duncan, doesn’t have a criminal record and has said he wasn’t involved with a gang. Prosecutors, however, say they have online posts that show he was in a gang, CNN said.
Duncan could receive 25 years to life if he’s convicted of the crime.
“The studio is my canvas. I'm just painting a picture," Duncan told CNN. "I'm not telling anybody to go out and kill somebody. I would love to continue to rap. But these people have you scared to do anything around here."
A law professor at the Thomas Jefferson School of Law
told ABC 10 News that the California statute may be a problem because constitutional issues, including freedom of speech.
"Where does that end if that's the definition of criminal liability? Is Martin Scorsese going to be prosecuted if he meets with mafia members for a movie for his next film?" Alex Kreit told ABC. "The Constitution says it can't be a crime to simply make gangster rap songs and hang out with people that are committing crimes. You have to have more involvement than that."
“Though Duncan hasn't been tied to the shootings, prosecutors argued that he benefited from the shootings because his gang gained in status, allowing him to sell more albums,” ABC 10 News said.
Many have gone online to express their support of Duncan and his rights.
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