Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang

Chapter 71 of the Texas Penal code defines organized crime offenses.

“Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang”, as per § 71.022 of the Texas Penal Code, occurs when a 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 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:

  • threatens the child or a member of the child's family with imminent bodily injury; or
  • causes bodily injury to the child or a member of the child's family

An offense under this section is a felony of the third degree, unless it is a second or subsequent offense under this section in which case it is a felony of the second degree.

Punishment Range

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

  • Imprisonment in the institutional division for not more than 20 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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