Texas Penal Code 71.022 – Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang
WHAT IS COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG IN TEXAS?
The Texas law against coercing, inducing, or soliciting membership in a criminal street gang prohibits recruiting or soliciting another to commit a crime as part of a gang initiation, or threatening or causing bodily injury to a child under 18 with intent to coerce the child to participate in gang activities.
WHAT IS THE COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG LAW IN TEXAS?
Tex. Penal Code § 71.022. COERCING, INDUCING, OR 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.
(a-1) 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 or a member of the child’s family with imminent bodily injury; or
(2) causes bodily injury to the child or a member of the child’s family.
(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.
WHAT IS THE PENALTY CLASS FOR COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG IN TEXAS?
Coercing, inducing, or soliciting membership in a criminal street gang charged as the first offense is a third degree felony, punishable by two to ten years in prison. If a person with a previous conviction for coercing, inducing, or soliciting membership in a criminal street gang is charged with a subsequent offense, it is a second degree felony, punishable by two to 20 years in prison.
WHAT IS THE PUNISHMENT RANGE FOR COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG IN TEXAS?
Coercing, inducing, or soliciting membership in a criminal street gang charged as a third degree felony carries between two and ten years in prison, and a maximum $10,000 fine. If charged as a second degree felony, the punishment range is between two and 20 years in prison, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG IN TEXAS?
A person charged with coercing, inducing, or soliciting membership in a criminal street gang may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years.
Texas Code of Criminal Procedure article 42A.507 permits a court to order electronic monitoring or other form of GPS tracking as a condition of community supervision for a member of a criminal street gang who has been previously convicted of or placed on deferred adjudication for two or more felony offenses.
Texas Code of Criminal Procedure article 42A.508 further permits a court, as a condition of community supervision for a criminal street gang member, to restrict where and at what times a person on supervision may operate a motor vehicle.
WHAT ARE THE DEFENSES TO COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG IN TEXAS?
The statute does not authorize specific defenses to coercing, inducing, or soliciting membership in a criminal street gang. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG IN TEXAS?
The limitation period for coercing, inducing, or soliciting membership in a criminal street gang is three years.
COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG IN TEXAS
Texas law punishes furthering gang-related activities by recruiting younger children to commit crimes on behalf of the gang. Recruiting techniques often include threatening the child’s family members, or causing bodily injury to the child. Causing another to commit a crime as part of a gang initiation or otherwise recruiting a child as a gang member is punishable as a felony in Texas.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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