Thug Life DFW: February 2011

It is against the law to engage in Gang activity: here is the law

Texas Code Of Criminal Procedure

CHAPTER 61. COMBINATION OF INFORMATIONPERTAINING TO CRIMINAL COMBINATIONS ANDCRIMINAL STREET GANGS

Art. 61.01. Definitions
In this chapter: (1) "Combination" and "criminal street gang" have the meanings assigned by Section 71.01, Penal Code. (2) "Child" has the meaning assigned by Section 51.02, Family Code. (3) "Criminal information" means facts, material, photograph, or data reasonably related to the investigation or prosecution of criminal activity. (4) "Criminal activity" means conduct that is subject to prosecution. (5) "Criminal justice agency" has the meaning assigned by Article 60.01 and also means a municipal or county agency, or school district law enforcement agency, that is engaged in the administration of criminal justice under a statute or executive order. (6) "Administration of criminal justice" has the meaning assigned by Article 60.01. (7) "Department" means that Department of Public Safety of the State of Texas. (8) "Intelligence database" means a collection or compilation of data organized for search and retrieval to evaluate, analyze, disseminate, or use intelligence information relating to a criminal combination or a criminal street gang for the purpose of investigating or prosecuting criminal offenses. (9) "Law enforcement agency" does not include the Texas Department of Criminal Justice or the Texas Youth Commission.
Art. 61.02. Criminal combinations and criminal street gangs intelligence database; submission criteria.
(a) Subject to Subsection (b), a criminal justice agency may compile criminal information into an intelligence database for the purpose of investigating or prosecuting the criminal activities of criminal combinations or criminal street gangs. The information may be compiled on paper, by computer, or in any other useful manner. (b) A law enforcement agency may compile and maintain criminal information relating to a criminal street gang as provided by Subsection (a) in a local or regional intelligence database only if the agency compiles and maintains the information in accordance with the criminal intelligence systems operating policies under 28 C.F.R. Section 23.1 et seq. and the submission criteria established under Subsection (c). (c) Criminal information collected under this chapter relating to a criminal street gang must: (1) be relevant to the identification or an organization that is reasonably suspected of involvement in criminal activity; and (2) consist of any two of the following: (A) a self-admission by the individual of criminal street gang membership; (B) an identification of the individual as a criminal street gang member by a reliable informant or other individual; (C) a corroborated identification of the individual as a criminal street gang member by an informant or other individual of unknown reliability; (D) evidence that the individual frequents a documented area of a criminal street gang, associates with known criminal street gang members, and uses criminal street gang dress, hand signals, tattoos, or symbols; or (E) evidence that the individual has been arrested or taken into custody with known criminal street gang members for an offense or conduct consistent with criminal street gang activity.
Art. 61.03. Release of Information
(a) A criminal justice agency that maintains criminal information under this chapter may release the information on request to: (1) another criminal justice agency; (2) a court; or (3) a defendant in a criminal proceeding who is entitled to the discovery of the information under Chapter 39. (b) A criminal justice agency or court may use information received under this article only for the administration of criminal justice. A defendant may use information received under this article only for a defense in a criminal proceeding. (c) If a local law enforcement agency compiles and maintains information under this chapter relating to a criminal street gang, the agency shall send the information to the department. (d) The department shall establish an intelligence database and shall maintain information received from an agency under Subsection (c) in the database in accordance with the policies established under 28 C.F.R. Section 23.1 et seq. and the submission criteria under Article 61.02 (c). (e) The department shall designate a code to distinguish criminal information contained in the intelligence database relating to a child from criminal information contained in the database relating to an adult offender.
Art. 61.04. Criminal information relating to a child.
(a) Notwithstanding Chapter 58, Family Code, criminal information relating to a child associated with a combination or a criminal street gang may be compiled and released under this chapter regardless of the age of the child. (b) A criminal justice agency that maintains information under this chapter may release the information to an attorney representing a child who is party to a proceeding under Title 3, Family Code, if the juvenile court determines the information: (1) is material to the proceeding; and (2) is not privileged under law. (c) An attorney may use information received under this article only for a child's defense in a proceeding under Title 3, Family Code. (d) If a local law enforcement agency collects criminal information under this chapter relating to a criminal street gang, the governing body of the county or municipality served by the law enforcement agency may adopt a policy to notify the parent or guardian of a child of the agency's observations relating to the child's association with a criminal street gang.
Art. 61.05. Unauthorized use or release of criminal information.
(a) A person commits an offense if the person knowingly: (1) uses criminal information obtained under this chapter for an unauthorized purpose; or (2) releases the information to a person who is not entitled to the information. (b) An offense under this article is a Class A misdemeanor.
Art. 61.06. Removal of records relating to an individual other than a child.
(a) This article does not apply to information collected under this chapter by the Texas Department of Criminal Justice of the Texas Youth Commission. (b) Subject to Subsection (c), information collected under this chapter relating to a criminal street gang must be removed from an intelligence database established under Article 61.02 and the intelligence database maintained by the department under Article 61.03 after three years if: (1) the information relates to the investigation or prosecution of criminal activity engaged in by an individual other than a child; and (2) the individual who is the subject of the information has not been arrested for criminal activity reported to the department under Chapter 60. (c) In determining whether information is required to be removed from an intelligence database under Subsection (b), the three-year-period does not include any period during which the individual who is the subject of the information is confined in the institutional division or the state jail division of the Texas Department of Criminal Justice.
Art. 61.07. Texas Violent Gang Task Force
Art. 61.07. Removal of records relating to a child
(a) This article does not apply to information collected under this chapter by the Texas Department of Criminal Justice or the Texas Youth Commission. (b) Subject to Subsection (c), information collected under this chapter relating to a criminal street gang must be removed from an intelligence database established under Article 61.02 and the intelligence database maintained by the department under Article 61.02 after two years if: (1) the information relates to the investigation or prosecution of criminal activity engaged in by a child; and (2) the child who is the subject of the information has not been: (A) arrested for criminal activity reported to the department under Chapter 60; or (B) taken into custody for delinquent conduct reported to the department under Chapter 58, Family Code. (c) In determining whether information is required to be removed from an intelligence database under Subsection (b), the two year period does not include any period during which the child who is the subject of the information is: (1) committed to the Texas Youth Commission for conduct that violates a penal law of the grade of felony; or (2) confined in the institutional division or the state jail division of the Texas Department of Criminal Justice.
Art. 61.08. Gang resource system
(a) The Office of the Attorney General shall establish an electronic gang resource system to provide criminal justice agencies and juvenile justice agencies with information about criminal street gangs in the state. The system may include the following information with regard to any gang: (1) gang name; (2) gang identifiers, such as colors used, tattoos, and clothing preferences; (3) criminal activities; (4) migration trends; (5) recruitment activities; and (6) a local law enforcement contact. (b) Upon request by the Office of the Attorney General, criminal justice agencies and juvenile justice agencies shall make a reasonable attempt to provide gang information to the Office of the Attorney General for the purpose of maintaining an updated, comprehensive gang resource system. (c) The Office of the Attorney General shall cooperate with criminal justice agencies and juvenile justice agencies in collecting and maintaining the accuracy of the information included in the gang resource system. (d) Information relating to the identity of a specific offender or alleged offender may not be maintained in the gang resource system. (e) Information in the gang resource system may be used in investigating gang-related crimes but may be included in affidavits or subpoenas or used in connection with any other legal or judicial proceeding only if the information from the system is corroborated by information not provided or maintained in the system. (f) Access to the gang resource system shall be limited to criminal justice agency personnel and juvenile justice agency personnel. (g) Information in the gang gang resource system shall be accessible: (1) municipality or county; and (2) gang name. (h) The Office of the Attorney General may coordinate with the Texas Department of Criminal Justice to include information in the gang resource system regarding groups which have been identified by the Security Threat Group Management Office of the Texas Department of Criminal Justice.
Art. 61.08. Right to request review of criminal information
(a) On receipt of a written request of a person or the parent or guardian of a child that includes a showing by the person or the parent or guardian that a law enforcement agency may have collected criminal information under this chapter relating to the person or child that is inaccurate or that does not comply with the submission criteria under Article 61.02 (c), the head of the agency or the designee of the agency head shall review criminal information collected by the agency under this chapter relating to the person or child to determine if: (1) reasonable suspicion exists to believe that the information is accurate; and (2) the information complies with the submission criteria established under Article 61.02 (c). (b) If, after conducting a review of criminal information under Subsection (a), the agency head or designee determines that: (1) reasonable suspicion does not exist to believe that the information is accurate or the information does not comply with the submission criteria, the agency shall: (A) destroy all records containing the information; and (B) notify the department and the person who requested the review of the agency's determination and the destruction date of the records; or (2) reasonable suspicion does exist to believe that the information is accurate and information complies with the submission criteria, the agency shall notify the person who requested the review of the agency's determination and that the person is entitled to seek judicial review of the agency's determination under Article 61.09. (c) On receipt of notice under Subsection (b), the department shall immediately destroy all records containing the information that is the subject of the notice in the intelligence database maintained by the department under Article 61.03. (d) A person who is committed to the Texas Youth Commission or confined in the institutional division or the state jail division of the Texas Department of Criminal Justice does not while committed or confined have the right to request review of criminal information under this article.
Art. 61.09. Judicial review
(a) A person who is entitled to seek judicial review of a determination made under Article 61.08 (b)(2) may file a petition for review in district court in the county in which the person resides. (b) On the filing of a petition for review under Subsection (a), the district court shall conduct an in camera interview of the criminal information that is the subject of the determination to determine if: (1) reasonable suspicion exists to believe that the information is accurate; and (2) the information complies with the submission criteria under Article 61.02 (c). (c) If, after conducting an in camera review of criminal information under Subsection (b), the court finds that reasonable suspicion does not exist to believe that the information is accurate or that the information does not comply with the submission criteria, the court shall: (1) order the law enforcement agency that collected the information to destroy all records containing the information; and (2) notify the department of the courts determination and the destruction of the records. (d) A petitioner may appeal a final judgment of a district court conducting an in camera review under this article. (e) Information that is the subject of an in camera review under this article is confidential and may not be disclosed.
Art.102.0171. Court Costs: Graffiti Eradication Funds
(a) A defendant convicted of an offense under Section 28.08, Penal Code, in a county court, county court at law, or district court shall pay a $5 graffiti eradication fee as a cost of court. (b) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (c) The clerks of the respective courts shall collect the costs and pay them to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in a fund to be known as the county graffiti eradication fund. A fund designated by this subsection may be used only to: (1) repair damage caused by the commission of offenses under Section 28.08, Penal Code; (2) provide educational and intervention programs designed to prevent individuals from committing offenses under Section 28.08, Penal Code; and (3) provide to the public rewards for identifying and aiding in the apprehension and prosecution of offenders who commit offenses under Section 28.08, Penal Code. (d) The county graffiti eradication fund shall be administered by or under the direction of the commissioners court.
Texas Penal Code
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: These laws were created for persons who smuggle illegal aliensinto the United States in train box cars, refrigerator trucks, etc.
P.C. 20A Trafficking of Persons
Sec. 20A.01 DEFINITIONS
In this chapter:
(1) "Forced labor or services" means labor or services, including conduct that constitutes an offense under Section 43.02, that are performed or provided by another person and obtained through an actor's:
(A) causing or threatening to cause bodily injury to the person or another person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer bodily injury;
(B) restraining or threatening to restrain the person or another person in a manner described by Section 20.01(1) or causing the person performing or providing labor or services to believe that the person or another person will be restrained;
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person;
(F) exerting financial control over the person or another person by placing the person or another person under the actor's control as security for a debt to the extent that:
(i) the value of the services provided by the person or another person as reasonably assessed is not applied toward the liquidation of the debt;
(ii) the duration of the services provided by the person or another person is not limited and the nature of the services provided by the person or another person is not defined; or
(iii) the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred; or
(G) using any scheme, plan, or pattern intended to cause the person to believe that the person or another person will be subjected to serious harm or restraint if the person does not perform or provide the labor or services.
(2) "Traffic" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.
Section 20A.02 Trafficking of Persons
(a) A person commits an offense if the person:
(1) knowingly traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or
(2) intentionally or knowingly benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services.
(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense under Section 43.02 and the person who is trafficked is younger than 18 years of age at the time of the offense; or
(2) the commission of the offense results in the death of the person who is trafficked.
(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 or under both sections.
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 child to 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, with the intent to assault, harass, or alarm, the person:
(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; or
(2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.
(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.
(d) In this section, "correctional or detention facility" means:
(1) a secure correctional facility; or
(2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Youth Commission or any other facility operated by or under contract with that commission.
(e) For purposes of Subsection (a)(2), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.
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 delineation 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, or 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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