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Texas Statutes (Last Updated: January 4, 2014) |
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PENAL CODE |
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Title 11. ORGANIZED CRIME |
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Chapter 71. ORGANIZED CRIME |
Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
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223, Sec. 3, eff. September 1, 2011
(17) any offense under Section 20.05.
Text of subdivision as added by Acts 2011, 82nd Leg., R.S., Ch. 68, Sec. 8, eff. September 1, 2011
(17) any offense classified as a felony under the Tax Code.
(b) Except as provided in Subsections (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 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.