Engaging in organized criminal activity involves committing or conspiring to commit specific crimes as part of a gang or criminal organization, including offenses like drug trafficking, robbery, or murder.
Under the Texas Penal Code, penalties for gang activities are typically charged as a first-degree felony if the underlying crime is a serious felony (e.g., murder, aggravated assault), punishable by 5 to 99 years or life in prison, and a fine of up to $10,000. Lesser offenses might be charged as second-degree felonies, with penalties of 2 to 20 years in prison and fines up to $10,000.
Soliciting Membership in a Criminal Street GangĀ
Involves encouraging, coercing, or recruiting someone to join a gang, often through threats, violence, or inducement.
- Penalties: Classified as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
- Texas Penal Code: Ā§ 71.022
Gang-Related AssaultĀ
Involves committing an assault, particularly aggravated assault, as part of gang activity.
- Penalties: Typically, assault is a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000. If the assault involves serious bodily injury or a deadly weapon, it may be elevated to a first-degree felony, with penalties ranging from 5 to 99 years or life in prison and a fine of up to $10,000.
- Texas Penal Code: Ā§ 22.02 (Aggravated Assault), often enhanced under Ā§ 71.02 when related to gang activity.
Gang-Related RobberyĀ
Involves committing robbery as part of gang activity, often involving multiple offenders acting together.
- Penalties: Classified as a first-degree felony if aggravated (e.g., involving a deadly weapon or causing serious bodily injury), punishable by 5 to 99 years or life in prison, and a fine of up to $10,000. Simple robbery associated with gang activity might be charged as a second-degree felony, with penalties of 2 to 20 years in prison and fines up to $10,000.
- Texas Penal Code: Ā§ 29.03 (Aggravated Robbery), often enhanced under Ā§ 71.02 when related to gang activity.
Criminal Street Gang RetaliationĀ
Involves committing violence or threats against individuals (e.g., witnesses, law enforcement) in retaliation for their actions against gang members or activities.
- Penalties: Typically charged as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000, though it can be elevated based on the severity of the offense.
- Texas Penal Code: Ā§ 36.06 (Obstruction or Retaliation), often enhanced under Ā§ 71.02 when related to gang activity.
Gang-Related Sex CrimesĀ
Involves committing sex crimes, such as sexual assault or human trafficking, as part of gang activities, often to exert control, intimidate, or generate income.
- Penalties: Sex crimes associated with gang activity are typically charged as first-degree felonies, especially when involving aggravated sexual assault or human trafficking, punishable by 5 to 99 years or life in prison and fines up to $10,000.
- Texas Penal Code: Ā§ 20A.02 (Trafficking of Persons) and Ā§ 22.021 (Aggravated Sexual Assault), often enhanced under Ā§ 71.02 when related to gang activity.