Sec. 71.01. 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 the 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.
(e) "Foreign terrorist organization" means three or more persons operating as an organization at least partially outside the United States who engage in criminal activity and threaten the security of this state or its residents, including but not limited to a drug cartel.
Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. June 10, 1977. Amended by Acts 1989, 71st Leg., ch. 782, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 555, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 23, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 18, eff. September 1, 2023.
Notes of Decisions
Cited in
211
cases (
19 in the last 5 years), 1981–2026 · leading case:
Hart v. State, 89 S.W.3d 61 (Tex. Crim. App. 2002).
Hart v. State, 89 S.W.3d 61 (Tex. Crim. App. 2002).
· cites it 4× “" Tex. Penal Code § 71.01(a). To establish participation in a combination, the State must prove "that the appellant intended to `establish, maintain, or participate in' a group of three or more, in which the members intend to work together in a continuing course of criminal…”
Barrera v. State, 321 S.W.3d 137 (Tex. App. 2010).
· cites it 8× “” Tex. Penal Code Ann. § 71.01 (b) (Vernon 2003) (emphasis added).”
Brosky v. State, 915 S.W.2d 120 (Tex. App. 1996).
· cites it 7× “TEX.PENAL CODE ANN. § 71.01 (Vernon 1994).”
Curiel v. State, 243 S.W.3d 10 (Tex. App. 2007).
· cites it 4× “” Tex. Pen. Code Ann. § 71.01 (d) (Vernon 2003).”
Pardue v. State, 252 S.W.3d 690 (Tex. App. 2008).
· cites it 5× “A combination is defined as “three or more persons who collaborate in carrying on criminal activities_” Tex. Penal Code Ann. § 71.01 (a) (Vernon 2003).”
O'Brien v. State, 544 S.W.3d 376 (Tex. Crim. App. 2018).
· cites it 2× “Tex. Penal Code § 71.01(a) (" 'Combination' means three or more persons who collaborate in carrying on criminal activities[.”
Hernandez v. State, 52 S.W.3d 268 (Tex. App. 2001).
· cites it 4× “” Tex.Pen.Code Ann. § 71.02(a) (Vernon Supp.”
Ex parte Flores, 483 S.W.3d 632 (Tex. App. 2015).
· cites it 3× “02(a-l)(2)(C) of the Texas Penal Code provides that a person commits an offense if the person [i] intentionally, knowingly, or recklessly carries on' or about his or her person a handgun [ii] in a motor vehicle or watercraft that is owned by the person or under the person’s…”
Crum v. State, 946 S.W.2d 349 (Tex. App. 1997).
· cites it 4× “]” Tex. Penal Code Ann. § 71.01 (a) (Vernon 1994).”
Abbett v. State, 694 S.W.2d 534 (Tex. App. 1984).
· cites it 8× “TEX.PENAL CODE ANN. § 71.01(B) (Vernon Supp.”
Renteria v. State, 199 S.W.3d 499 (Tex. App. 2006).
· cites it 4× “See Tex. Penal Code Ann. § 71.01 (a). Thus, evidence linking at least two of the named co-conspirators and Renteria to the auto theft ring is sufficient to support Renteria’s conviction under the statute.”
— Tex. Penal Code § 71.01(A)(2) — 1 case
— Tex. Penal Code § 71.01(B) — 1 case
Abbett v. State, 694 S.W.2d 534 (Tex. App. 1984).
“TEX.PENAL CODE ANN. § 71.01(B) (Vernon Supp.”
— Tex. Penal Code § 71.01(a) — 62 cases
Hart v. State, 89 S.W.3d 61 (Tex. Crim. App. 2002).
“" Tex. Penal Code § 71.01(a). To establish participation in a combination, the State must prove "that the appellant intended to `establish, maintain, or participate in' a group of three or more, in which the members intend to work together in a continuing course of criminal…”
O'Brien v. State, 544 S.W.3d 376 (Tex. Crim. App. 2018).
“Tex. Penal Code § 71.01(a) (" 'Combination' means three or more persons who collaborate in carrying on criminal activities[.”
Brosky v. State, 915 S.W.2d 120 (Tex. App. 1996).
“TEX.PENAL CODE ANN. § 71.01 (Vernon 1994).”
— Tex. Penal Code § 71.01(a)(1) — 4 cases
Renteria v. State, 199 S.W.3d 499 (Tex. App. 2006).
“See Tex. Penal Code Ann. § 71.01 (a). Thus, evidence linking at least two of the named co-conspirators and Renteria to the auto theft ring is sufficient to support Renteria’s conviction under the statute.”
— Tex. Penal Code § 71.01(a)(2) — 2 cases
— Tex. Penal Code § 71.01(a)(3) — 1 case
— Tex. Penal Code § 71.01(a)(l) — 1 case
— Tex. Penal Code § 71.01(b) — 20 cases
Abbett v. State, 694 S.W.2d 534 (Tex. App. 1984).
“TEX.PENAL CODE ANN. § 71.01(B) (Vernon Supp.”
Hernandez v. State, 52 S.W.3d 268 (Tex. App. 2001).
“” Tex.Pen.Code Ann. § 71.02(a) (Vernon Supp.”
— Tex. Penal Code § 71.01(c) — 3 cases
— Tex. Penal Code § 71.01(d) — 32 cases
Curiel v. State, 243 S.W.3d 10 (Tex. App. 2007).
“” Tex. Pen. Code Ann. § 71.01 (d) (Vernon 2003).”
Hernandez v. State, 52 S.W.3d 268 (Tex. App. 2001).
“” Tex.Pen.Code Ann. § 71.02(a) (Vernon Supp.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.