Court Opinions

State Laws

US Code

US Constitution

Texas Penal Code - Section 71.02. Engaging In Organized Criminal Activity

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 71.02. Engaging In Organized Criminal Activity

§ 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.  (a) A 
person commits an offense if, with the intent to establish, 
maintain, or participate in a combination or in the profits of a 
combination or as a member of a criminal street gang, he commits or 
conspires to commit one or more of the following:
		(1)  murder, capital murder, arson, aggravated 
robbery, robbery, burglary, theft, aggravated kidnapping, 
kidnapping, aggravated assault, aggravated sexual assault, sexual 
assault, forgery, deadly conduct, assault punishable as a Class A 
misdemeanor, burglary of a motor vehicle, or unauthorized use of a 
motor vehicle;
		(2)  any gambling offense punishable as a Class A 
misdemeanor;              
		(3)  promotion of prostitution, aggravated promotion 
of prostitution, or compelling prostitution;
		(4)  unlawful manufacture, transportation, repair, or 
sale of firearms or prohibited weapons;
		(5)  unlawful manufacture, delivery, dispensation, or 
distribution of a controlled substance or dangerous drug, or 
unlawful possession of a controlled substance or dangerous drug 
through forgery, fraud, misrepresentation, or deception;
		(6)  any unlawful wholesale promotion or possession of 
any obscene material or obscene device with the intent to wholesale 
promote the same;
		(7)  any offense under Subchapter B, Chapter 43, 
depicting or involving conduct by or directed toward a child 
younger than 18 years of age;
		(8)  any felony offense under Chapter 32;                                     
		(9)  any offense under Chapter 36;                                            
		(10)  any offense under Chapter 34 or 35;                                     
		(11)  any offense under Section 37.11(a);  or                                 
		(12)  any offense under Chapter 20A.                                          

Text of subsection (b) as amended by Acts 1993, 73rd Leg., ch. 761, 
§ 3
	(b)  Except as provided in Subsection (c) of this section, an 
offense under this section is one category higher than the most 
serious offense listed in Subdivisions (1) through (10) of 
Subsection (a) of this section that was committed, and if the most 
serious offense is a Class A misdemeanor, the offense is a felony of 
the third degree, except that if the most serious offense is a 
felony of the first degree, the offense is a felony of the first 
degree.

Text of subsection (b) as amended by Acts 1993, 73rd Leg., ch. 900, 
§ 1.01
	(b)  Except as provided in Subsections (c) and (d), an 
offense under this section is one category higher than the most 
serious offense listed in Subsection (a) that was committed, and if 
the most serious offense is a Class A misdemeanor, the offense is a 
state jail felony, except that if the most serious offense is a 
felony of the first degree, the offense is a felony of the first 
degree.

Text of subsection (c) as amended by Acts 1993, 73rd Leg., ch. 761, 
§ 3
	(c)  Conspiring to commit an offense under this section is of 
the same degree as the most serious offense listed in Subdivisions 
(1) through (10) of Subsection (a) of this section that the person 
conspired to commit.

Text of subsection (c) as amended by Acts 1993, 73rd Leg., ch. 900, 
§ 1.01
	(c)  Conspiring to commit an offense under this section is of 
the same degree as the most serious offense listed in Subsection (a) 
that the person conspired to commit.
	(d)  At the punishment stage of a trial, the defendant may 
raise the issue as to whether in voluntary and complete 
renunciation of the offense he withdrew from the combination before 
commission of an offense listed in Subsection (a) and made 
substantial effort to prevent the commission of the offense.  If the 
defendant proves the issue in the affirmative by a preponderance of 
the evidence the offense is the same category of offense as the most 
serious offense listed in Subsection (a) that is committed, unless 
the defendant is convicted of conspiring to commit the offense, in 
which event the offense is one category lower than the most serious 
offense that the defendant conspired to commit.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 
1977.  Amended by Acts 1981, 67th Leg., p. 2373, ch. 587, § 1 to 
3, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 782, § 2, eff. 
Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 555, § 1, eff. Sept. 1, 
1991;  Acts 1993, 73rd Leg., ch. 761, § 3, eff. Sept. 1, 1993;  
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 
1995, 74th Leg., ch. 318, § 24, eff. Sept. 1, 1995;  Acts 1997, 
75th Leg., ch. 189, § 9, eff. May 21, 1997;  Acts 1999, 76th Leg., 
ch. 685, § 8, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 641, 
§ 3, eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 1162, § 5, 
eff. Sept. 1, 2005.

Last modified: August 10, 2007