CHAPTER 71. ORGANIZED CRIME
PENAL CODE
TITLE 11. ORGANIZED CRIME
CHAPTER 71. ORGANIZED CRIME
Sec. 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, Sec. 1, eff. June
10, 1977. Amended by Acts 1989, 71st Leg., ch. 782, Sec. 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 555, Sec. 1, eff. Sept.
1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 318, Sec. 23, eff. Sept. 1, 1995.
Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
153, Sec. 2
(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, the person 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);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10; or
(14) any offense under Section 46.06(a)(1) or 46.14.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 1
(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);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10; or
(14) any offense under Section 38.06, 38.07, 38.09, or 38.11.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
1357, Sec. 2
(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);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10; or
(14) any offense under Section 42.10.
Text of subsection (b) as amended by Acts 1993, 73rd Leg., ch.
761, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1, eff. June
10, 1977. Amended by Acts 1981, 67th Leg., p. 2373, ch. 587, Sec.
1 to 3, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 782, Sec.
2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 555, Sec. 1,
eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 761, Sec. 3, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 24, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 189, Sec. 9, eff. May 21,
1997; Acts 1999, 76th Leg., ch. 685, Sec. 8, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 641, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1162, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1163, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
153, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1357, Sec. 2, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
1995.
Sec. 71.022. COERCING, INDUCING, OR 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.
(a-1) A person commits an offense if, with intent to coerce,
induce, or solicit a child to actively participate in the
activities of a criminal street gang, the person:
(1) threatens the child or a member of the child's family with
imminent bodily injury; or
(2) causes bodily injury to the child or a member of the child's
family.
(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.
(d) In this section:
(1) "Child" means an individual younger than 17 years of age.
(2) "Family" has the meaning assigned by Section 71.003, Family
Code.
Added by Acts 1999, 76th Leg., ch. 1555, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
435, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
435, Sec. 2, eff. September 1, 2009.
Sec. 71.023. DIRECTING ACTIVITIES OF CERTAIN CRIMINAL STREET
GANGS. (a) A person commits an offense if the person knowingly
initiates, organizes, plans, finances, directs, manages, or
supervises a criminal street gang or members of a criminal street
gang with the intent to benefit, promote, or further the
interests of the criminal street gang or to increase the person's
standing, position, or status in the criminal street gang.
(b) An offense under this section is a felony of the first
degree.
(c) Notwithstanding Section 71.01, in this section, "criminal
street gang" means:
(1) an organization that:
(A) has more than 10 members whose names are included in an
intelligence database under Chapter 61, Code of Criminal
Procedure;
(B) has a hierarchical structure that has been documented in an
intelligence database under Chapter 61, Code of Criminal
Procedure;
(C) engages in profit-sharing among two or more members of the
organization; and
(D) in one or more regions of this state served by different
regional councils of government, continuously or regularly
engages in conduct:
(i) that constitutes an offense listed in Section 3g(a)(1),
Article 42.12, Code of Criminal Procedure;
(ii) in which it is alleged that a deadly weapon is used or
exhibited during the commission of or immediate flight from the
commission of any felony offense; or
(iii) that is punishable as a felony of the first or second
degree under Chapter 481, Health and Safety Code; or
(2) an organization that, in collaboration with an organization
described by Subdivision (1), engages in conduct or commits an
offense or conspires to engage in conduct or commit an offense
described by Subdivision (1)(D).
Added by Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 3, eff. September 1, 2009.
Sec. 71.028. GANG-FREE ZONES. (a) In this section:
(1) "Institution of higher education," "playground," "premises,"
"school," "video arcade facility," and "youth center" have the
meanings assigned by Section 481.134, Health and Safety Code.
(2) "Shopping mall" means an enclosed public walkway or hall
area that connects retail, service, or professional
establishments.
(b) This section applies to an offense listed in Section
71.02(a)(1), (4), or (7), other than burglary, theft, burglary of
a motor vehicle, or unauthorized use of a motor vehicle.
(c) Except as provided by Subsection (d), the punishment
prescribed for an offense described by Subsection (b) is
increased to the punishment prescribed for the next highest
category of offense if the actor is 17 years of age or older and
it is shown beyond a reasonable doubt on the trial of the offense
that the actor committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or leased by a school
or school board;
(B) premises owned, rented, or leased by an institution of
higher education;
(C) premises of a public or private youth center; or
(D) playground;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
(d) The punishment for an offense described by Subsection (b)
may not be increased under this section if the offense is
punishable under Section 71.02 as a felony of the first degree.
Added by Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 3, eff. September 1, 2009.
Sec. 71.029. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a
prosecution of an offense for which punishment is increased under
Section 71.028, a map produced or reproduced by a municipal or
county engineer for the purpose of showing the location and
boundaries of gang-free zones is admissible in evidence and is
prima facie evidence of the location or boundaries of those zones
if the governing body of the municipality or county adopts a
resolution or ordinance approving the map as an official finding
and record of the location or boundaries of those zones.
(b) A municipal or county engineer may, on request of the
governing body of the municipality or county, revise a map that
has been approved by the governing body of the municipality or
county as provided by Subsection (a).
(c) A municipal or county engineer shall file the original or a
copy of every approved or revised map approved as provided by
Subsection (a) with the county clerk of each county in which the
zone is located.
(d) This section does not prevent the prosecution from:
(1) introducing or relying on any other evidence or testimony to
establish any element of an offense for which punishment is
increased under Section 71.028; or
(2) using or introducing any other map or diagram otherwise
admissible under the Texas Rules of Evidence.
Added by Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 3, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. June
10, 1977. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. June
10, 1977. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
Sec. 71.05. RENUNCIATION DEFENSE.
Text of subsection (a) as amended by Acts 1993, 73rd Leg., ch.
761, Sec. 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, Sec. 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, Sec. 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, Sec. 1, eff. June
10, 1977. Amended by Acts 1981, 67th Leg., p. 2374, ch. 587, Sec.
4, 5, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 761, Sec. 4,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.