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P.C. 20.05 Unlawful Transport
(a) A person commits an offense if the person for pecuniary benefit transports an
individual in a matter that:
(1) is designed to conceal the individual from local, state, or federal law enforcement authorities; and
(2) creates a
substantial likelihood that the individual will suffer serious bodily injury or death.
(b) An offense under this chapter is a state jail felony.
NOTE: This law was created for persons who smuggle illegal aliens
into the United States in train box cars, refrigerator trucks, etc.
P.C. 22.015 Coercing, Soliciting or Inducing Gang Membership
(a) In this section:
(1) "Child" means an individual younger than 17 years of age.
(2) "Criminal street gang" has the meaning assigned by Section 71.01
(b) A person commits an offense if, with intent to coerce, induce or solicit a
childto actively participate in the activities of a criminal street gang, the person:
(1) threatens the child with imminent bodily injury; or
(2) causes bodily injury to the child.
(c) An offense under Subsection (b)(1) is a state jail felony. An offense under Subsection (b)(2) is a felony of the
third degree.
P.C. 22.05 Deadly Conduct
(a) A person commits an offense if he recklessly engages in conduct that places another in
imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.
P.C. 22.11 Harassment By Persons in Certain Correctional Facilities
(a) A person commits an offense if the person, while
imprisoned or confined in a secure correctional facility or a facility operated by or under contract with the Texas Youth Commission and with intent to harass, alarm, or annoy another person, causes the other other
person to contact the blood, seminal fluid, urine, or feces of the actor or any other person.
(b) An offense under this section is a felony of the third degree.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section.
P.C. 28.08 Graffiti
(a) A person commits an offense if, without the effective consent of the owner, the person intentionally or
knowingly makes marking, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner with:
(1) aerosol paint;
(2) an indelible marker; or
(3) an etching or engraving device.
(b) Except as provided by Subsection (d), an offense under this section is:
(1) a Class B misdemeanor if the amount of pecuniary loss is less than $500;
(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;
(3) a state jail felony if the amount of pecuniary loss is $1,500 or
more but less than $20,000;
(4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;
(5) a felony of the
second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or
(6) a felony of the first degree if the amount of pecuniary damage is $200,000 or more.
(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct
may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.
(d) An offense under this section is a state jail felony if:
(1) the marking is made on a school, an institution of higher learning, a place of worship or human
burial, a public monument, or a community center that provides medical, social, or educational programs and
(2) the amount of the pecuniary loss to real property or to tangible personal
property is less than $20,000.
(e) In this section:
(1) "Aerosol paint" means an aerosolized paint product.
(2) "Etching or engraving device" means a device that makes a delincation or impression on tangible property, regardless of the manufacturer's intended use for that device.
(3) "Indelible marker" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink
products.
(4) "Institution of higher education" has the meaning assigned by Section 481.134, Health and Safety Code.
(5) "School" means a private or public elementary or secondary school
P.C. 42.03 Obstructing Highway or Other Passageway
(a) A person commits an offense if, without legal privilege or authority,
he intentionally, knowingly, or recklessly:
(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial
group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts
alone or from his acts and the acts of others; or
(2) disobeys a reasonable request or order to move issued by a person that actor knows to be or is informed is a peace officer, a fireman,
or a person with authority to control the use of the premises:
(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to
render impassable or to render passage unreasonably inconvenient or hazardous.
(c) An offense under this section is a Class B misdemeanor.
P.C. 46.06 Unlawful Transfer of Certain Weapons
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully on in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
(4) knowingly sells a firearm or
ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:
(A) the person's release from confinement following conviction of the felony; or
(B) the person's release from supervision under community supervision,
parole, or mandatory supervision following conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective is directed to the
person to whom the handgun is to be delivered; or
(6) knowingly purchases, rents, leases, loans, or receives as a gift from another a handgun while an active protective order is directed
to the actor.
(b) In this section:
(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any
substance into the body.
(2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary
protective order issued before the court holds a hearing on the matter.
(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose
parents or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.
(d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.
P.C. 46.10 Deadly Weapon In a Penal Institution
(a) A person commits an offense if, while confined in a penal institution,
he intentionally, knowingly, or recklessly:
(1) carries on or about his person a deadly weapon; or
(2) possesses or conceals a deadly weapon in the penal institution.
(b) It is an affirmative defense to prosecution under this section that at the time of the
offense the actor was engaged in conduct authorized by an employee of the penal institution.
(c) A person who is subject to prosecution under both this section and another section under
this chapter may be prosecuted under either section.
, (d) An offense under this section is a felony of the third degree.
P.C. 46.13 Making a Firearm Accessible to a Child
(a) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition,
whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a
child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.
(b) A person commits an
offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
(1) failed to secure the firearm; or
(2) left the
firearm in a place to which the person knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this section that the child's access
to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people or property;
(3) was gained by entering property in violation of this code; or
(4) occurred during a time when the actor was engaged in an agricultural enterprise.
(d) Except as provided by Subsection (c), an offense under this section
is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or
another person.
(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:
(1) the
actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and
(2) the child discharging the firearm caused the death of or serious injury to the child.
(g) A dealer of firearms shall post in a conspicuous position on the
premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height:
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A
PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
P.C. 71.01 Organized Crime Definitions
In this chapter,
(a) "Combination" means three or
more persons who collaborate in carrying on criminal activities, although:
(1) participants may not know each other's identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler - retailer or other arm's-length relationship
in illicit distribution operations.
(b) "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that
would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from that acts of the
parties.
(c) "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
(d) "Criminal street gang" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal
activities.
P.C. 71.02 Engaging in Organized Criminal Activity
(a) A person commits an offense if, with the intent to establish,
maintain, or participate in a criminal combination or in the profits of a combination or as a member of a criminal street gang, he commits or conspires to commit one or more of the following:
(1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, forgery, deadly conduct,
assault punishable as a Class A misdemeanor, burglary of a motor vehicle, r unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A misdemeanor;
(3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or distribution of a
controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;
(6) any unlawful
wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;
(7) any offense under Subchapter B, Chapter 43, depicting or
involving conduct by or directed toward a child younger than 18 years of age;
(8) any felony offense under Chapter 32, Penal Code;
(9) any offense under Chapter 36, Penal Code;
(10) any offense under Chapter 34, Penal Code; or
(11) any offense under Chapter 37.11 (a), Penal Code
(b) Except as provided in Subsection (c) of this section, an offense under this section is one category higher than the most serious offense listed in Subdivisions (1) through (10) of
Subsection (a) of this section that was committed, and if the most serious offense is a Class A misdemeanor, the offense is a felony of the third degree, except that if the most serious offense is a felony of the
first degree, the offense is a felony of the first degree.
(b) Except as provided in Subsection (c) and (d), an offense under this section is one category higher than the most serious
offense listed in Subsection (a) that was committed, and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony, except that if the most serious offense is a felony of the first
degree, the offense is a felony of the first degree.
(c) Conspiring to commit an offense under this section is of the same degree as the most serious offense listed in Subdivisions (1)
through (10) of Subsection (a) of this section that the person conspired to commit.
(c) Conspiring to commit an offense under this section is of the same degree as the most serious offense
listed in Subsection (a) that the person conspired to commit.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether in voluntary and complete
renunciation of the offense he withdrew from the combination before commission of an offense listed in Subsection (a) and made substantial effort to prevent the commission of the offense. If the defendant
proves the issue in the affirmative by a preponderance of the evidence the offense is the same category of offense as the most serious offense listed in Subsection (a) that is committed, unless the defendant is
convicted of conspiring to commit the offense, in which event the offense is one category lower than the most serious offense that the defendant conspired to commit.
P.C. 71.021 Violation of Court Order Enjoining Organized Criminal Activity
(a) A person commits an offense if the person
knowingly violates a temporary or permanent order issued under Section 125.065 (a) of (b), Civil Practice and Remedies Code.
(b) If conduct constituting an offense under this section also
constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(c) An offense under this section is a Class A misdemeanor.
P.C. 71.022 Soliciting Membership In a Criminal Street Gang
(a) A person commits an offense if the person knowingly
causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang which, as a condition of initiation, admission, membership, or continued membership, requires the
commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or a felony.
(b) Except as provided by Subsection (c), an offense under this section is a felony
of the third degree.
(c) A second or subsequent offense under this section is a felony of the second degree.
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