CHAPTER 71. ORGANIZED CRIME

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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.

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

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

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.

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.

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.

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;

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.

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;

(D) playground;

(2) in, on, or within 300 feet of any:

(A) shopping mall;

(B) movie theater;

(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).

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

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.

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