Tex. Codes » Penal Code · TITLE 11. ORGANIZED CRIME · CHAPTER 71. ORGANIZED CRIME
Texas Codes

Tex. Penal Code § 71.023 (2026)

Directing Activities Of Criminal Street Gangs Or Foreign Terrorist Organizations

✓ current as of May 2026
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Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an offense if the person, as part of the identifiable leadership of a criminal street gang or foreign terrorist organization, knowingly finances, directs, or supervises the commission of, or a conspiracy to commit, one or more of the following offenses by members of a criminal street gang or foreign terrorist organization:

(1) a felony offense that is listed in Article 42A.054(a), Code of Criminal Procedure;

(2) a felony offense for which it is shown that a deadly weapon, as defined by Section 1.07, was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; or

(3) an offense that is punishable under Section 481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), 481.115(f), or 481.120(b)(6), Health and Safety Code.

(b) An offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.

Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 3, eff. September 1, 2009.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1325 (S.B. 549), Sec. 5, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.85, eff. January 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 20, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 22, eff. September 1, 2023.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2015–2022 · leading case: Quinton Malbrough v. State (Tex. App. 2020).
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Quinton Malbrough v. State (Tex. App. 2020). · cites it 5× “legally insufficient to support his conviction, he is entitled to a proper review of the factual sufficiency of the evidence, and the trial court erred in instructing the jury on the law of parties and in making a deadly-weapon finding in its written judgment.”
Terrance Devaughn Edwards v. State (Tex. App. 2019). · cites it 4× “See Tex. Penal Code § 71.023. The jury assessed appellant’s punishment at fifty-five years.”
Howard Wayne Baker v. State (Tex. App. 2020). · cites it 3× “Tex. Penal Code Ann. § 71.023 (a)(1)–(2).”
Ex Parte Marcos M. Flores (Tex. App. 2015). · cites it 2× “37 TEX. PENAL CODE ANN. § 71.021 (West 2014).”
Luz Albert Hernandez v. State (Tex. App. 2018). “See TEX. PENAL CODE ANN. § 71.023 (West, Westlaw through 2017 1st C.”
Hughitt, Shanna Lynn (Tex. Crim. App. 2019). “38 Specifically, Texas Penal Code § 71.023 states: “A person com m its an offense if the person, as part of the identifiable leadership of a crim inal street gang, knowingly Hughitt — 15 Hughitt points out, Section 71.”
Weaver v. Reyna (5th Cir. 2021). “” TEX. PENAL CODE § 71.023. 6 Many, however, are members of other allegedly independent motorcycle clubs.”
Rios, Saul Ranulfo Herrera (Tex. Crim. App. 2022). “, TEX. PENAL CODE §§ 71.023(b) (minimum punishment increased to 25 years for directing gang activities under certain conditions); 71.”
Saul Ranulfo Herrera Rios v. the State of Texas (Tex. App. 2022). “, TEX. PENAL CODE §§ 71.023(b) (minimum punishment increased to 25 years for directing gang activities under certain conditions); 71.”
— Tex. Penal Code § 71.023(a) — 1 case
Quinton Malbrough v. State (Tex. App. 2020). “legally insufficient to support his conviction, he is entitled to a proper review of the factual sufficiency of the evidence, and the trial court erred in instructing the jury on the law of parties and in making a deadly-weapon finding in its written judgment.”
— Tex. Penal Code § 71.023(a)(1) — 1 case
Quinton Malbrough v. State (Tex. App. 2020). “legally insufficient to support his conviction, he is entitled to a proper review of the factual sufficiency of the evidence, and the trial court erred in instructing the jury on the law of parties and in making a deadly-weapon finding in its written judgment.”
— Tex. Penal Code § 71.023(a)(2) — 1 case
Terrance Devaughn Edwards v. State (Tex. App. 2019). “See Tex. Penal Code § 71.023. The jury assessed appellant’s punishment at fifty-five years.”
— Tex. Penal Code § 71.023(b) — 3 cases
Terrance Devaughn Edwards v. State (Tex. App. 2019). “See Tex. Penal Code § 71.023. The jury assessed appellant’s punishment at fifty-five years.”
Rios, Saul Ranulfo Herrera (Tex. Crim. App. 2022). “, TEX. PENAL CODE §§ 71.023(b) (minimum punishment increased to 25 years for directing gang activities under certain conditions); 71.”
Saul Ranulfo Herrera Rios v. the State of Texas (Tex. App. 2022). “, TEX. PENAL CODE §§ 71.023(b) (minimum punishment increased to 25 years for directing gang activities under certain conditions); 71.”
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