Attorney for Engaging in Organized Criminal Activity
Have you been charged with engaging in organized criminal activity in Houston?
If you have been charged with money laundering by the State of Texas, then
you need a good criminal defense lawyer who cares as much about the best
possible outcome to your case as you do, and one who will fight to protect
I am Houston money laundering attorney Mark A. Morasch, and I have more than 20+ years of experience as a criminal defense attorney
and prosecutor. Anyone can make a mistake. I do not believe that your
future should be lost because of a single error in judgment.
Contact me to learn how I can help.
Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
(a) A person commits an offense if, with the intent to establish, maintain,
or participate in a combination or in the profits of a combination or
as a member of a criminal street gang, the person 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, continuous sexual abuse of young child
or children, solicitation of a minor, 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
(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;
(5-a) causing the unlawful delivery, dispensation, or distribution of a controlled
substance or dangerous drug in violation of
Subtitle B, Title 3, Occupations Code;
(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
(9) any offense under
(10) any offense under
Chapter 34, 35, or 35A;
(11) any offense under
(12) any offense under Chapter 20A;
(13) any offense under
(14) any offense under
Section 38.06, 38.07, 38.09, or
(15) any offense under
(16) any offense under
Section 46.06(a)(1) or
(17) any offense under
Section 20.05 or 20.06; or
(18) any offense classified as a felony under the
(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 the offense is a felony
of the first degree punishable by imprisonment in the Texas Department
of Criminal Justice for:
(1) life without parole, if the most serious offense is an aggravated sexual
assault and if at the time of that offense the defendant is 18 years of
age or older and:
(A) the victim of the offense is younger than six years of age;
(B) the victim of the offense is younger than 14 years of age and the actor
commits the offense in a manner described by
Section 22.021(a)(2)(A); or
(C) the victim of the offense is younger than 17 years of age and suffered
serious bodily injury as a result of the offense;
(2) life or for any term of not more than 99 years or less than 30 years if
the most serious offense is an offense under Section 20.06 that is punishable under
Subsection (g) of that section; or
(3) life or for any term of not more than 99 years or less than 15 years if
the most serious offense is an offense punishable as a felony of the first
degree, other than an offense described by
Subdivision (1) or (2).
(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
(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.
Sec. 71.028. GANG-FREE ZONES.
(a) In this section:
(1) "Institution of higher education," "playground," "premises,"
"school," "video arcade facility," and "youth
center" have the meanings assigned by
Section 481.134, Health and Safety Code.
(2) "Shopping mall" means an enclosed public walkway or hall area
that connects retail, service, or professional establishments.
(b) This section applies to an offense listed in
Section 71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a motor vehicle, or unauthorized
use of a motor vehicle.
(c) Except as provided by Subsection
(d), the punishment prescribed for an offense described by
Subsection (b) is increased to the punishment prescribed for the next highest category
of offense if the actor is 17 years of age or older and it is shown beyond
a reasonable doubt on the trial of the offense that the actor committed
the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or leased by a school or school board;
(B) premises owned, rented, or leased by an institution of higher education;
(C) premises of a public or private youth center; or
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
(d) The punishment for an offense described by
Subsection (b) may not be increased under this section if the offense is punishable under
Section 71.02 as a felony of the first degree.
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