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Texas Penal Code - PENAL § 76.045. Transnational Repression

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

(a) In this section:

(1) “Agent of a foreign government or foreign terrorist organization” means a person acting on behalf of or otherwise employed or controlled by a foreign government or foreign terrorist organization.

(2) “Foreign terrorist organization” has the meaning assigned by Section 71.01.

(3) “Protected conduct” means any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution.

(b) A person commits an offense if:

(1) the person commits or conspires to commit an offense under:

(A) Section 20A.02;

(B) Section 22.01;

(C) Section 22.02;

(D) Section 42.07;

(E) Section 42.072;  or

(F) Section 43.05;

(2) the person commits or conspires to commit an offense described by Subdivision (1) with the intent to:

(A) cause another person to act on behalf of a foreign government or a foreign terrorist organization;

(B) cause another person to leave or be confined in the United States;

(C) discourage another person from engaging in protected conduct;  or

(D) retaliate against another person for engaging in protected conduct;  and

(3) the person commits or conspires to commit that offense as an agent of a foreign government or foreign terrorist organization.

(c) An offense under this section is one category higher than the most serious offense listed in Subsection (b)(1) that was committed or conspired to be committed, except that if the most serious offense is a felony of the first degree, the offense under this section is a felony of the first degree with a minimum term of confinement of 15 years.

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Cite this article: FindLaw.com - Texas Penal Code - PENAL § 76.045. Transnational Repression - last updated January 01, 2024 | https://codes.findlaw.com/tx/penal-code/penal-sect-76-045/

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