Organized Crime - Texas Gang Investigators Association

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Organized Crime

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, 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, 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, 35, or 35A;


(11) any offense under Section 37.11(a);


(12) any offense under Chapter 20A;


(13) any offense under Section 37.10;


(14) any offense under Section 38.06, 38.07, 38.09, or 38.11;


(15) any offense under Section 42.10;


(16) any offense under Section 46.06(a)(1) or 46.14; or


(17) any offense under Section 20.05, 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 if the most serious offense is a felony of the first degree, the offense is a felony of the first degree.

(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.

 
 
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