Texas Penal Code

Sec. § 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, 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, continuous sexual abuse of young child or children, solicitation of a minor, 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;

(5-a)

causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code;

(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 (Public Indecency), depicting or involving conduct by or directed toward a child younger than 18 years of age;

(8)

any felony offense under Chapter 32 (Fraud);

(9)

any offense under Chapter 36 (Bribery and Corrupt Influence);

(10)

any offense under Chapter 34 (Money Laundering), 35 (Insurance Fraud), or 35A (Health Care Fraud);

(11)

any offense under Section 37.11 (Impersonating Public Servant)(a);

(12)

any offense under Chapter 20A (Trafficking of Persons);

(13)

any offense under Section 37.10 (Tampering With Governmental Record);

(14)

any offense under Section 38.06 (Escape), 38.07 (Permitting or Facilitating Escape), 38.09 (Implements for Escape), or 38.11 (Prohibited Substances and Items in Correctional or Civil Commitment Facility);

(15)

any offense under Section 42.10 (Dog Fighting);

(16)

any offense under Section 46.06 (Unlawful Transfer of Certain Weapons)(a)(1) or 46.14 (Firearm Smuggling);

(17)

any offense under Section 20.05 (Smuggling of Persons) or 20.06 (Continuous Smuggling of Persons);

(18)

any offense under Section 16.02 (Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications); or

(19)

any offense classified as a felony under the Tax Code.

(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 the offense is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for:

(1)

life without parole, if the most serious offense is an aggravated sexual assault and if at the time of that offense the defendant is 18 years of age or older and:

(A)

the victim of the offense is younger than six years of age;

(B)

the victim of the offense is younger than 14 years of age and the actor commits the offense in a manner described by Section 22.021 (Aggravated Sexual Assault)(a)(2)(A); or

(C)

the victim of the offense is younger than 17 years of age and suffered serious bodily injury as a result of the offense;

(2)

life or for any term of not more than 99 years or less than 30 years if the most serious offense is an offense under Section 20.06 (Continuous Smuggling of Persons) that is punishable under Subsection (g) of that section; or

(3)

life or for any term of not more than 99 years or less than 15 years if the most serious offense is an offense punishable as a felony of the first degree, other than an offense described by Subdivision (1) or (2).

(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 (H.B. 3376), Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1163 (H.B. 126), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 153 (S.B. 2225), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1357 (S.B. 554), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 8, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 20.003, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 223 (H.B. 260), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 10, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1200 (S.B. 158), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1200 (S.B. 158), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 16.005, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1325 (S.B. 549), Sec. 4(b), eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 16, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 253 (H.B. 869), Sec. 1, eff. September 1, 2019.
Source

Last accessed
Jun. 7, 2021