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Texas Penal Code - PENAL § 72.01. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

In this chapter:

(1) “Enterprise” has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.

(2) “Money” means funds as defined by Section 34.01.

(3) “Pattern of racketeering” means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, the last of which occurred not later than the fifth anniversary of the date of a previous incident of racketeering conduct.

(4) “Pecuniary value” means:

(A) anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage;  or

(B) any other property or service that has a value in excess of $100.

(5) “Racketeering” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:

(A) a felony offense under The Securities Act (Title 12, Government Code);

(B) an offense under Section 20.03 (kidnapping);

(C) an offense under Section 20.04 (aggravated kidnapping);

(D) an offense under Section 20.07 (operation of stash house);

(E) a felony offense under Chapter 37 (perjury and other falsification);

(F) a felony offense under Section 38.03 (resisting arrest, search, or transportation);

(G) a felony offense under Section 38.05 (hindering apprehension or prosecution);

(H) a felony offense under Chapter 43 (public indecency);  or

(I) an offense under Section 71.02 (engaging in organized criminal activity).

(6) “Real property” has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.

(7) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is wholly or partly legally unenforceable in this state because the debt was incurred or contracted:

(A) in violation of:

(i) the Texas Racing Act (Subtitle A-1, Title 13, Occupations Code, and Article 179e, Revised Civil Statutes);

(ii) Subtitle A, Title 4, Finance Code, or Section 11, Article XVI, Texas Constitution, relating to interest and usury, if the usurious rate is at least twice the enforceable rate;  or

(iii) Chapter 47, relating to gambling;  or

(B) in gambling activity in violation of federal law or in the business of lending money at a rate usurious under state law if the usurious rate is at least twice the enforceable rate.

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Cite this article: FindLaw.com - Texas Penal Code - PENAL § 72.01. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/tx/penal-code/penal-sect-72-01/

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