Penal Code · §71.02
Engaging in Organized Criminal Activity
Elements
- 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 enumerated offenses in §71.02(a) (e.g., murder, capital murder, arson, aggravated assault, aggravated robbery, robbery, burglary, theft, gambling, prostitution, drug offenses, weapons offenses, sexual exploitation of a minor, money laundering, and many others)
- ("Combination" means three or more persons who collaborate in carrying on criminal activities, although: participants may not know each other's identity; membership may change from time to time; and participants may stand in a wholesaler-retailer or other arm's-length relationship)
Penalty
One category higher than the most serious offense the actor committed/conspired to commit, except first-degree felonies stay first-degree (§71.02(b)). Examples: if underlying offense is a Class A misdemeanor → State jail felony; State jail felony → Third-degree; Third-degree → Second-degree; Second-degree → First-degree; First-degree → First-degree felony (no further enhancement).
Enhancements
If the underlying offense is a state jail felony or higher, sentence is served in TDCJ rather than state jail. Standard §12.42 habitual enhancements apply on top. Civil forfeiture under Tex. Code Crim. Proc. ch. 59 typically follows.