Section 71.023 - Directing Activities of Certain Criminal Street Gangs

Sec. 71.023. DIRECTING ACTIVITIES OF CERTAIN CRIMINAL STREET GANGS. (a) A person commits an offense if the person knowingly initiates, organizes, plans, finances, directs, manages, or supervises a criminal street gang or members of a criminal street gang with the intent to benefit, promote, or further the interests of the criminal street gang or to increase the person's standing, position, or status in the criminal street gang.
(b) An offense under this section is a felony of the first degree.
(c) Notwithstanding Section 71.01, in this section, "criminal street gang" means:
     (1) an organization that:
          (A) has more than 10 members whose names are included in an intelligence database under Chapter 61, Code of Criminal Procedure;
          (B) has a hierarchical structure that has been documented in an intelligence database under Chapter 61, Code of Criminal Procedure;
          (C) engages in profit-sharing among two or more members of the organization; and
          (D) in one or more regions of this state served by different regional councils of government, continuously or regularly engages in conduct:
               (i) that constitutes an offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
               (ii) in which it is alleged that a deadly weapon is used or exhibited during the commission of or immediate flight from the commission of any felony offense; or
               (iii) that is punishable as a felony of the first or second degree under Chapter 481, Health and Safety Code; or
     (2) an organization that, in collaboration with an organization described by Subdivision (1), engages in conduct or commits an offense or conspires to engage in conduct or commit an offense described by Subdivision (1)(D).

Added by Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 3, eff. September 1, 2009.
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