Aiding in Commission of Terrorism: Texas Penal Code §76.03

Texas Criminal Law

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The Texas Aiding in Commission of Terrorism law gives police the right to arrest you if they believe you intentionally supported anyone engaged in the Terrorism offense.

The Texas Legislature passed a bill that enacted this offense among several different terror-related offenses in 2023. The legislature intended these new state-level terrorism crimes to target “terrorists” who knowingly used terror tactics and people who provided material support to the “terrorists” to “terrorist organizations.”

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The Texas legislature codified the new Terrorism criminal offense in Texas Penal Code Section 76.03, and it went into effect, along with all of the new terrorism laws, September 1, 2023.

Convictions for any of the new offenses result in a penalty classification-level increase from the underlying offense and mandatory minimum sentences in certain circumstances. In addition to the new criminal laws, the legislature also created a “Terrorist Offender Registry,” similar to the sex offender registry.

The Penal Code classifies the Texas Aiding in Commission of Terrorism law under Title 12 “Terrorism,” Chapter 76 “Terroristic Offenses.” Learn more about the Texas offense of Aiding in Commission of Terrorism below.

What is the current Texas law about Aiding in Commission of Terrorism?

Texas law currently defines the offense of Aiding in Commission of Terrorism in Penal Code Section §76.03 as follows:[1]

(a) A person commits an offense if the person intentionally raises, solicits, collects, or provides material support or resources with intent or knowledge that the material support or resources will be used, wholly or partly, to solicit, direct, supervise, plan, prepare, promote, carry out, assist, or aid in committing an offense under Section 76.02.

The 88th Texas Legislature created this law in 2023,[2] effective September 1, 2023.[3]

How can I be charged with an Aiding in Commission of Terrorism offense in Texas?

The state can charge you with Aiding In Commission of Terrorism in Texas if the state’s attorneys believe that each of the elements of §76.03 as described in the section above have been met.

What is the statute of limitation for Aiding in Commission of Terrorism in Texas?

Misdemeanor level Aiding in Commission of Terrorism charges have a two-year limitations period.[4] Felony-level offenses likely have at least a three-year limitations period,[5] but the underlying offense may alter the analysis. Because this is a new law, it’s unclear how the limitations period calculations will be interpreted.

What is the penalty for a Texas Aiding in Commission of Terrorism offense?

The statute classifies the Aiding In Commission Of Terrorism offense as a category equal to the classification of the offense under Section 76.02 that the person aided.[6]

Can you get probation for Aiding in Commission of Terrorism in Texas?

The Texas Code of Criminal Procedure does not specifically disallow judges from accepting deferred adjudication plea deals for these offenses.[7] And neither judges nor juries are specifically disallowed from granting and recommending community supervision (probation).[8]

However, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[9] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[10]

What level of crime is Aiding in Commission of Terrorism in Texas?

The Penal Code classifies Aiding in Commission of Terrorism as the same degree as the offense that the person aided.

Learn more about the penalty range for this offense in the section above.


^1. Texas Penal Code §76.03. This law is current as of 2024.^2. SB 1518, 88th Texas Legislature (RS), Section 5^3. SB 1518, 88th Texas Legislature (RS), Section 6^4. Code of Criminal Procedure 12.02(a)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §76.03(b)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.102^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054 & Art. 42A.056^9. Art. 42A.053(c), Texas Code of Criminal Procedure and Art. 42A.056(1), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure


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