Texas Penal Code - PENAL § 71.023. Directing Activities of Criminal Street Gangs




<Text of (a) effective until January 1, 2017>

(a) A person commits an offense if the person, as part of the identifiable leadership of a criminal street gang, knowingly finances, directs, or supervises the commission of, or a conspiracy to commit, one or more of the following offenses by members of a criminal street gang:

(1) a felony offense that is listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure ;

(2) a felony offense for which it is shown that a deadly weapon, as defined by Section 1.07 , was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense;  or

(3) an offense that is punishable under Section 481.112(e) , 481.112(f) , 481.1121(b)(4) , 481.115(f) , or 481.120(b)(6), Health and Safety Code .

<Text of (a) effective January 1, 2017>

(a) A person commits an offense if the person, as part of the identifiable leadership of a criminal street gang, knowingly finances, directs, or supervises the commission of, or a conspiracy to commit, one or more of the following offenses by members of a criminal street gang:

(1) a felony offense that is listed in Article 42A.054(a) (a)(1), Article 42.12, Code of Criminal Procedure ;

(2) a felony offense for which it is shown that a deadly weapon, as defined by Section 1.07 , was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense;  or

(3) an offense that is punishable under Section 481.112(e) , 481.112(f) , 481.1121(b)(4) , 481.115(f) , or 481.120(b)(6), Health and Safety Code .

(b) An offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.





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