Texas racketeering — Engaging in Organized Criminal Activity (Penal Code § 71.02)
Texas racketeering — engaging in organized criminal activity is a criminal offense under Penal Code § 71.02). Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
| Offense level | Confinement | Max fine | Penal Code |
|---|---|---|---|
| State jail felony | 180 days – 2 years, state jail | $10,000 | §12.35 |
| Third-degree felony | 2 – 10 years, TDCJ | $10,000 | §12.34 |
| Second-degree felony | 2 – 20 years, TDCJ | $10,000 | §12.33 |
Ranges per Tex. Penal Code ch. 12. Enhancements, deadly-weapon findings, and prior convictions can raise the applicable range; some offenses carry their own special ranges.
Classification: One category higher than the underlying predicate offense
Punishment range: Punishment range is one category higher than the most serious offense the defendant committed or conspired to commit (Penal Code § 71.02(b))
The controlling statute
Texas does not have a freestanding state RICO or "racketeering" chapter. The functional equivalent is Texas Penal Code § 71.02 — Engaging in Organized Criminal Activity. The State must prove the defendant, with intent to establish, maintain, or participate in a combination, committed or conspired to commit one or more enumerated predicate offenses. Federal RICO prosecutions under 18 U.S.C. § 1961 et seq. operate separately.
Elements the State must prove
To convict on a § 71.02 charge, the State must prove every element beyond a reasonable doubt:
- Defendant acted with intent to establish, maintain, or participate in a combination (3+ persons) or in the profits of a combination
- Defendant committed or conspired to commit one or more predicate offenses enumerated in § 71.02(a)
- The combination existed and engaged in a continuing course of conduct
- The defendant's participation was knowing — not merely incidental
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Racketeering in Texas case:
- Insufficient evidence of "combination" — fewer than 3 people, no continuing course of conduct (Hart v. State, 89 S.W.3d 61)
- No intent to establish, maintain, or participate in the combination
- Predicate offense defenses — defeat the underlying charge and the § 71.02 charge falls
- Statute of limitations defense based on predicate offense limitations
- Suppression of incriminating statements (Article 38.23, Miranda + CCP Art. 38.22)
- Severance under CCP Art. 36.09 — sever co-defendants where prejudicial
Enhancements & collateral consequences
Punishment is "one category higher" than the most serious predicate. So if the predicate is a 3rd-degree felony, engaging is a 2nd-degree felony. First-degree predicates result in punishment with a minimum of 15 years. Federal RICO charges may also apply for the same conduct under 18 U.S.C. § 1961 et seq.
Key Legal Terms
- Combination (§ 71.01(a))
- Three or more persons who collaborate in carrying on criminal activities. Membership may change; participants may not know each other.
- Engaging (§ 71.02)
- Committing or conspiring to commit a predicate offense with intent to establish, maintain, or participate in a combination.
- Federal RICO (18 U.S.C. § 1961)
- Separate federal racketeering statute. Requires pattern of racketeering activity affecting interstate commerce. Civil and criminal remedies available.
Frequently Asked Questions
Does Texas have a state RICO statute?
What is a "combination" under § 71.02?
What predicate offenses count for § 71.02?
Can I be charged with both the predicate offense AND § 71.02?
What is the federal equivalent of Texas § 71.02?
Charged with Racketeering in Texas? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060