2005 Texas Penal Code CHAPTER 71. ORGANIZED CRIME

PENAL CODE

TITLE 11. ORGANIZED CRIME

CHAPTER 71. ORGANIZED CRIME


	§ 71.01. DEFINITIONS.  In this chapter,                                     
	(a)  "Combination" means three or more persons who 
collaborate in carrying on criminal activities, although:
		(1)  participants may not know each other's identity;                         
		(2)  membership in the combination may change from time 
to time;  and       
		(3)  participants may stand in a wholesaler-retailer or 
other arm's-length relationship in illicit distribution 
operations.
	(b)  "Conspires to commit" means that a person agrees with 
one or more persons that they or one or more of them engage in 
conduct that would constitute the offense and that person and one or 
more of them perform an overt act in pursuance of the agreement.  An 
agreement constituting conspiring to commit may be inferred from 
the acts of the parties.
	(c)  "Profits" means property constituting or derived from 
any proceeds obtained, directly or indirectly, from an offense 
listed in Section 71.02.
	(d)  "Criminal street gang" means three or more persons 
having a common identifying sign or symbol or an identifiable 
leadership who continuously or regularly associate in the 
commission of criminal activities.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 
1977.  Amended by Acts 1989, 71st Leg., ch. 782, § 1, eff. Sept. 
1, 1989;  Acts 1991, 72nd Leg., ch. 555, § 1, eff. Sept. 1, 1991;  
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 
1995, 74th Leg., ch. 318, § 23, eff. Sept. 1, 1995.


	§ 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.


	§ 71.021. VIOLATION OF COURT ORDER ENJOINING ORGANIZED 
CRIMINAL ACTIVITY.  (a) A person commits an offense if the person 
knowingly violates a temporary or permanent order issued under 
Section 125.065(a) or (b), Civil Practice and Remedies Code.
	(b)  If conduct constituting an offense under this section 
also constitutes an offense under another section of this code, the 
actor may be prosecuted under either section or under both 
sections.
	(c)  An offense under this section is a Class A misdemeanor.                   

Added by Acts 1995, 74th Leg., ch. 584, § 1, eff. Sept. 1, 1995.           


	§ 71.022. SOLICITING MEMBERSHIP IN A CRIMINAL STREET 
GANG.  (a) A person commits an offense if the person knowingly 
causes, enables, encourages, recruits, or solicits another person 
to become a member of a criminal street gang which, as a condition 
of initiation, admission, membership, or continued membership, 
requires the commission of any conduct which constitutes an offense 
punishable as a Class A misdemeanor or a felony.
	(b)  Except as provided by Subsection (c), an offense under 
this section is a felony of the third degree.
	(c)  A second or subsequent offense under this section is a 
felony of the second degree.

Added by Acts 1999, 76th Leg., ch. 1555, § 1, eff. Sept. 1, 1999.          


	§ 71.03. DEFENSES EXCLUDED.  It is no defense to 
prosecution under Section 71.02 that:
		(1)  one or more members of the combination are not 
criminally responsible for the object offense;
		(2)  one or more members of the combination have been 
acquitted, have not been prosecuted or convicted, have been 
convicted of a different offense, or are immune from prosecution;
		(3)  a person has been charged with, acquitted, or 
convicted of any offense listed in Subsection (a) of Section 71.02;  
or
		(4)  once the initial combination of three or more 
persons is formed there is a change in the number or identity of 
persons in the combination as long as two or more persons remain in 
the combination and are involved in a continuing course of conduct 
constituting an offense under this chapter.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 
1977.  Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. 
Sept. 1, 1994.


	§ 71.04. TESTIMONIAL IMMUNITY.  (a) A party to an offense 
under this chapter may be required to furnish evidence or testify 
about the offense.
	(b)  No evidence or testimony required to be furnished under 
the provisions of this section nor any information directly or 
indirectly derived from such evidence or testimony may be used 
against the witness in any criminal case, except a prosecution for 
aggravated perjury or contempt.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 
1977.  Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. 
Sept. 1, 1994.


	§ 71.05. RENUNCIATION DEFENSE.                                              

Text of subsection (a) as amended by Acts 1993, 73rd Leg., ch. 761, 
§ 3
	(a)  It is an affirmative defense to prosecution under 
Section 71.02 of this code that under circumstances manifesting a 
voluntary and complete renunciation of his criminal objective the 
actor withdrew from the combination before commission of an offense 
listed in Subdivisions (1) through (7) or Subdivision (10) of 
Subsection (a) of Section 71.02 of this code and took further 
affirmative action that prevented the commission of the offense.

Text of subsection (a) as amended by Acts 1993, 73rd Leg., ch. 900, 
§ 1.01
	(a)  It is an affirmative defense to prosecution under 
Section 71.02 that under circumstances manifesting a voluntary and 
complete renunciation of his criminal objective the actor withdrew 
from the combination before commission of an offense listed in 
Subsection (a) of Section 71.02 and took further affirmative action 
that prevented the commission of the offense.
	(b)  For the purposes of this section and Subsection (d) of 
Section 71.02, renunciation is not voluntary if it is motivated in 
whole or in part:
		(1)  by circumstances not present or apparent at the 
inception of the actor's course of conduct that increase the 
probability of detection or apprehension or that make more 
difficult the accomplishment of the objective;  or
		(2)  by a decision to postpone the criminal conduct 
until another time or to transfer the criminal act to another but 
similar objective or victim.

Text of subsection (c) as amended by Acts 1993, 73rd Leg., ch. 761, 
§ 3
	(c)  Evidence that the defendant withdrew from the 
combination before commission of an offense listed in Subdivisions 
(1) through (7) or Subdivision (10) of Subsection (a) of Section 
71.02 of this code and made substantial effort to prevent the 
commission of an offense listed in Subdivisions (1) through (7) or 
Subdivision (10) of Subsection (a) of Section 71.02 of this code 
shall be admissible as mitigation at the hearing on punishment if he 
has been found guilty under Section 71.02 of this code, and in the 
event of a finding of renunciation under this subsection, the 
punishment shall be one grade lower than that provided under 
Section 71.02 of this code.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 
1977.  Amended by Acts 1981, 67th Leg., p. 2374, ch. 587, § 4, 5, 
eff. Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 761, § 4, eff. 
Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 
1, 1994.