13 Questions
"_________" 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.
Combination
"_________" 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.
Conspires to commit
"______" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02 (Engaging in Organized Criminal Activity).
Profits
(d) "________" 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.
Criminal street gang
"___________" means three or more persons operating as an organization at least partially outside the United States who engage in criminal activity and threaten the security of this state or its residents, including but not limited to a drug cartel.
Foreign terrorist organization
A person commits "__________" 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.
Engaging in Organized Criminal Activity
A person commits "________" 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: (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.
Engaging in Organized Criminal Activity
What is the punishment for the offense, "Engaging in organized criminal activity"?
One category higher than the most serious offense that was committed.
What is the punishment for the offense, "Engaging in organized criminal activity" when the most serious offense committed is a Class A misdemeanor?
State Jail Felony
What is the punishment for the offense, "Engaging in organized criminal activity" when the most serious offense committed is 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(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?
Felony of the First Degree, Life without parole.
"______________". (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 or foreign terrorist organization 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.
COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION
What is the punishment for the offense, "COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION"?
Felony of the Third Degree
What is the punishment for the offense, "COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION" on a second or subsequent offense?
Felony of the Second Degree
Study Notes
Organized Criminal Activity
- A combination is defined as three or more persons who collaborate in carrying on criminal activities.
Conspiracy to Commit
- A person agrees with one or more persons to engage in conduct that would constitute an offense and performs an overt act in pursuance of the agreement.
Proceeds
- Proceeds refer to property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
Criminal Street Gang
- A criminal street gang is defined as 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.
Foreign Terrorist Organization
- A foreign terrorist organization is three or more persons operating as an organization at least partially outside the United States who engage in criminal activity and threaten the security of this state or its residents.
Engaging in Organized Criminal Activity
- 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 specified offenses.
Punishment for Engaging in Organized Criminal Activity
- The punishment for engaging in organized criminal activity varies depending on the most serious offense committed.
- If the most serious offense committed is a Class A misdemeanor, the punishment is a state jail felony.
- If the most serious offense committed is aggravated sexual assault and the defendant is 18 years of age or older and the victim is younger than 6, 14, or 17 years old, the punishment is increased.
Coercing, Inducing, or Soliciting Membership
- 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 or foreign terrorist organization.
- The punishment for coercing, inducing, or soliciting membership is a third-degree felony, and a second or subsequent offense is a second-degree felony.
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