Engaging in Organized Criminal Activity

Engaging in Organized Criminal Activity in Texas: Legal Overview and Penalties

In Texas, the offense of Engaging in Organized Criminal Activity is codified under Texas Penal Code §71.02. This statute enhances penalties for individuals who commit certain crimes as part of a criminal organization, commonly referred to as a “combination” or “criminal street gang.”(mctexaslaw.com)

Legal Definition

Under Texas Penal Code §71.02(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, they commit or conspire to commit one or more of the following offenses:(Saputo ✭ Toufexis)

• Murder

• Capital murder

• Arson

• Aggravated robbery

• Robbery

• Burglary

• Theft

• Aggravated kidnapping

• Kidnapping

• Aggravated assault

• Sexual assault

• Aggravated sexual assault

• Continuous sexual abuse of a young child or children

• Solicitation of a minor

• Forgery

• Burglary of a motor vehicle

• Unauthorized use of a motor vehicle

• Possession of a controlled substance

• Unlawful interception, use, or disclosure of wire, oral, or electronic communications(Justia Law, Goldstein & Orr, Nelson Defender)

The term “combination” refers to three or more persons having a common identifying symbol or structure who collaborate in the commission of criminal activities. A “criminal street gang” is defined as a combination of individuals who have a common identifying symbol or structure and who engage in criminal activities. (Andrew Deegan Attorney at Law, Saputo ✭ Toufexis)

Penalties

The penalty for Engaging in Organized Criminal Activity typically corresponds to one degree higher than the penalty for the underlying offense. For example:(Nelson Defender)

• If the underlying offense is a third-degree felony, the penalty for engaging in organized criminal activity would be a second-degree felony.

• If the underlying offense is a first-degree felony, the penalty for engaging in organized criminal activity could be life imprisonment or a term of 15 to 99 years.(Saputo ✭ Toufexis)

However, if the underlying offense is aggravated sexual assault, a conviction for engaging in organized criminal activity can result in a mandatory life sentence without parole. (Nelson Defender)

Legal Considerations

To be charged with engaging in organized criminal activity, the prosecution must prove that the defendant:

1. Intended to establish, maintain, or participate in a combination or in the profits of a combination, or as a member of a criminal street gang.

2. Committed or conspired to commit one or more of the enumerated offenses.(Guest And Gray P.C., Goldstein & Orr)

The term “conspired to commit” means that the defendant agreed with one or more persons that they or one or more of them would engage in conduct that would constitute the offense, and that the defendant or one or more of them performed an overt act in pursuance of the agreement. (Nelson Defender)

Legal Assistance

If you or someone you know is facing charges related to engaging in organized criminal activity in Texas, it is crucial to seek experienced legal representation. An attorney specializing in criminal defense can provide guidance tailored to the specifics of the case and help navigate the complexities of the legal system.