Tex.
Penal Code Section 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 or foreign terrorist organization, 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 disabled individual, 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:(A)
through forgery, fraud, misrepresentation, or deception; or(B)
with the intent to deliver the controlled substance or dangerous drug;(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;(5-b)
unlawful possession with intent to deliver a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code;(5-b)
any unlawful possession with intent to deliver a controlled substance or dangerous drug;(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 (Definitions), 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), 20.06 (Continuous Smuggling of Persons), or 20.07 (Operation of Stash House);(18)
any offense under Section 16.02 (Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications);(19)
any offense punishable under Section 42.03 (Obstructing Highway or Other Passageway)(d) or (e);(19)
an offense under Section 28.03 (Criminal Mischief) that is punishable under Subsection (b)(4)(E) of that section;(20)
an offense under Section 31.21 (Unauthorized Possession of Catalytic Converter) that is punishable under Subsection (d) of that section; or(20)
any offense classified as a felony under the Tax Code; or(21)
any offense under Section 545.420 (Racing on Highway; Impoundment of a Vehicle), Transportation Code.(21)
any offense classified as a felony under the Tax Code.(b)
Except as provided in Subsections (c), (d), and (e), 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)
Notwithstanding Section 15.02 (Criminal Conspiracy)(d), a conspiracy to commit an offense under this section is punishable in the same manner as an offense under this section.(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.(e)
An offense that is punishable as a second degree felony or as any lower category of offense under Subsection (b) is one additional category higher than the category listed under Subsection (b) if the person used or exhibited a deadly weapon during the commission of one or more of the offenses listed under Subsection (a) and if an offense is punishable as a Class A misdemeanor under Subsection (b), the offense is a state jail felony.
Source:
Section 71.02 — Engaging in Organized Criminal Activity, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.71.htm#71.02 (accessed Apr. 20, 2024).
