The Texas Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang or Foreign Terrorist Organization law gives police the right to arrest you if they believe you knowingly caused, solicited, or encouraged another person to join a gang or foreign terrorist organization.
FAQs about the
Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations law in Texas
- What is the current Texas law about Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang or Foreign Terrorist Organization?
- How can I be charged with a Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations offense in Texas?
- What is the statute of limitation for Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations in Texas?
- What is the penalty for a Texas Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations offense?
- Can you get probation for Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations in Texas?
- What level of crime is Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 71.022. The law was updated in 2023 by expanding the applicability of this law to “foreign terrorist organizations.” Before September 1, 2023, this law was known as Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang and did not apply to foreign terrorist organizations.
The Penal Code classifies the Texas Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations law under Title 11 “Organized Crime,” Chapter 71 “Organized Crime.” Learn more about the Texas offense of Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang or Foreign Terrorist Organization below.
What is the current Texas law about Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang or Foreign Terrorist Organization?
The current Texas law defines the offense of Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang or Foreign Terrorist Organization in Penal Code Section §71.022 as follows:[1]
(a) A person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang or foreign terrorist organization 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-1) 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 or foreign terrorist organization, the person:
(1) threatens the child or a member of the child’s family with imminent bodily injury; or
(2) causes bodily injury to the child or a member of the child’s family.
How can I be charged with a Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations offense in Texas?
You can be charged with Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang in Texas if the state’s attorneys believe that each of the elements of §71.022(a) or 71.022(a-1), as described in the section above, have been met.
What is the statute of limitation for Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations in Texas?
Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations offenses have a three-year limitations period.[2]
What is the penalty for a Texas Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations offense?
A conviction for Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang is punished by default as a Felony of the Third Degree,[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.
However, if you are convicted of this crime more than once, then a conviction for Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang in Texas is punished as a Felony of the Second Degree,[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations, and judges are also allowed to accept deferred adjudication plea deals.[5]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[6] 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.[7]
What level of crime is Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations in Texas?
The Penal Code classifies Coercing, Inducing, or Soliciting Membership in Gangs and Terrorist Organizations as either a second or third degree felony.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §71.022. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §71.022(b)^4. Texas Penal Code §71.022(c)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.053(c), Texas Code of Criminal Procedure^7. Art. 42A.054(b), Texas Code of Criminal Procedure
