Sec. 71.03. DEFENSES EXCLUDED. It is no defense to prosecution under Section 71.02 that:
(1) one or more members of the combination are not criminally responsible for the object offense;
(2) one or more members of the combination have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are immune from prosecution;
(3) a person has been charged with, acquitted, or convicted of any offense listed in Subsection (a) of Section 71.02; or
(4) once the initial combination of three or more persons is formed there is a change in the number or identity of persons in the combination as long as two or more persons remain in the combination and are involved in a continuing course of conduct constituting an offense under this chapter.
Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. June 10, 1977. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
39
cases (
4 in the last 5 years), 1991–2025 · leading case:
Littrell v. State, 271 S.W.3d 273 (Tex. Crim. App. 2008).
Littrell v. State, 271 S.W.3d 273 (Tex. Crim. App. 2008).
· cites it 2× “[31] TEX. PENAL CODE § 71.03(3). [32] Garza v.”
Ex parte Chaddock, 369 S.W.3d 880 (Tex. Crim. App. 2012).
· cites it 3× “at 352 (citing Tex. Penal Code § 71.03(3), which provides that "[i]t is no defense to prosecution under Section 71.”
Whatley v. State, 946 S.W.2d 73 (Tex. Crim. App. 1997).
· cites it 2× “[4] In Barnes we noted the Legislature explicitly designated the offense of Engaging in Organized Criminal Activity, Tex. Penal Code § 71.03(4), as a continuing offense.”
Crum v. State, 946 S.W.2d 349 (Tex. App. 1997).
· cites it 2× “]" See TEX. PENAL CODE ANN. § 71.03. Faced with nearly identical language in the jury charge, [4] the First Court of Appeals concluded that the State was not required to prove that each person listed in the charge participated in a combination with appellant.”
Gerald Christopher Zuliani v. State, 383 S.W.3d 289 (Tex. App. 2012).
· cites it 2× “2007)); see also Tex. Penal Code Ann. § 71.03 (3) (West 2011) (“It is no defense to prosecution under Section 71.”
Reina v. State, 940 S.W.2d 770 (Tex. App. 1997).
“See Tex. Penal Code Ann. § 71.03 (3) (West 1994).”
Xiomara Rosales Mendez v. State, 379 S.W.3d 396 (Tex. App. 2012).
“there is a change in the number or identity of persons in the combination as long as two or more persons remain in the combination and are involved in a continuing course of *422 conduct constituting an offense under this chapter.”
Barrera v. State, 321 S.W.3d 137 (Tex. App. 2010).
“” Tex. Penal Code Ann. § 71.03 (3) (Vernon 2003).”
People v. Hoover, 165 P.3d 784 (Colo. Ct. App. 2006).
“1997)(reaching the same conclusion, but on the basis of Tex. Penal Code Ann. § 71.03 (8) (West 2006), explicitly providing for cumulative punishment).”
De La Fuente v. State, 264 S.W.3d 302 (Tex. App. 2008).
“Tex. Penal Code Ann. § 71.03 (3) (Vernon 2003) (it is not a defense to prosecution under section 71.”
— Tex. Penal Code § 71.03(3) — 11 cases
Littrell v. State, 271 S.W.3d 273 (Tex. Crim. App. 2008).
“[31] TEX. PENAL CODE § 71.03(3). [32] Garza v.”
Ex parte Chaddock, 369 S.W.3d 880 (Tex. Crim. App. 2012).
“at 352 (citing Tex. Penal Code § 71.03(3), which provides that "[i]t is no defense to prosecution under Section 71.”
— Tex. Penal Code § 71.03(4) — 2 cases
Whatley v. State, 946 S.W.2d 73 (Tex. Crim. App. 1997).
“[4] In Barnes we noted the Legislature explicitly designated the offense of Engaging in Organized Criminal Activity, Tex. Penal Code § 71.03(4), as a continuing offense.”
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.