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: § 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: § 22.02 (Aggravated Assault), often enhanced under § 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: § 29.03 (Aggravated Robbery), often enhanced under § 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: § 36.06 (Obstruction or Retaliation), often enhanced under § 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: § 20A.02 (Trafficking of Persons) and § 22.021 (Aggravated Sexual Assault), often enhanced under § 71.02 when related to gang activity.