Transnational Repression: Texas Penal Code §76.045

The Texas Transnational Repression law gives police the right to arrest you if they believe you committed or conspired to commit listed crimes including Assault, Aggravated Assault, Harassment, Stalking, Trafficking of Persons, or Compelling Prostitution while acting as an agent of a foreign government or a foreign terrorist organization and did so to force someone to act for that foreign power, to make them leave or be confined in the United States, to discourage protected speech, or to retaliate for protected speech.

Transnational Repression is codified in the Texas Penal Code at Section 76.045. The legislature also created a companion offense called Unauthorized Enforcement of Foreign Law in Section 76.046.

Both new offenses take effect September 1, 2025. On paper, the Transnational Repression law appears to target operations run by or on behalf of foreign governments or foreign terrorist organizations that use threats, force, harassment, or similar crimes to silence people, punish speech, compel cooperation, or drive people out of the United States.

While the law is framed as a tool against coercion by foreign powers, it also reaches conduct aimed at discouraging or retaliating for “protected conduct” like speech. That means prosecutors can build cases around activism, organizing, or commentary if they claim the target was chosen because of what they said.

In practice, whether the accused person acted as an agent of a foreign government or a foreign terrorist organization can rest on disputed evidence of coordination, funding, or influence. Once that label is attached, the State can treat speech-adjacent conduct as part of a transnational repression scheme, which risks chilling advocacy and journalism. In addition, the state doesn’t need to test its case in court in order to make an arrest. The state can make the arrest based on the chilingly-low probable cause standard, even without a court’s warrant.

None of this changes that speech remains protected. But the combination of broad predicate offenses and the foreign-agent element gives the State new leverage to police dissent. In addition, it allows any policeman in the state, who likely doesn’t understand anything about this law, to make a warrantless arrrest without any oversight without having evidence beyond his personal opinion about probable cause.

Policy concerns and why this law was really passed

On paper, Transnational Repression targets agents of foreign states and designated groups who go after people in Texas. In practice, the trigger is broad. The statute lets the state frame protest-adjacent conduct as harassment, stalking, or similar underlying offenses (many of which are incredibly broad and poorly-defined) and then add a disputed agency link to a foreign government or foreign terrorist organization. This can be alleged based on thin or circumstantial ties in the middle of a fast-moving protest investigation.

The statute also centers “protected conduct,” meaning speech or expressive activity protected by the U.S. and Texas Constitutions. That makes the law sound protective, but it also invites authorities to claim that protesters are being “targeted” at the behest of a foreign power and to escalate ordinary allegations into a state security case. Because the offense covers both committing and conspiring to commit the listed predicates, organizers and online advocates can be pulled in based on alleged planning or coordination, even if no contact occurs at a demonstration.

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

What is the current Texas law about Transnational Repression?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Transnational Repression in Penal Code Section §76.045, as follows:^[1]

(b) A person commits an offense if:

(1) the person commits or conspires to commit an offense under:

(A) Section 20A.02;

(B) Section 22.01;

(C) Section 22.02;

(D) Section 42.07;

(E) Section 42.072; or

(F) Section 43.05;

(2) the person commits or conspires to commit an offense described by Subdivision (1) with the intent to:

(A) cause another person to act on behalf of a foreign government or a foreign terrorist organization;

(B) cause another person to leave or be confined in the United States;

(C) discourage another person from engaging in protected conduct; or

(D) retaliate against another person for engaging in protected conduct; and

(3) the person commits or conspires to commit that offense as an agent of a foreign government or foreign terrorist organization.

This offense has three parts the state must prove. First, the person must commit or conspire to commit one of the listed crimes, which includes trafficking of persons, assault, aggravated assault, harassment, stalking, and compelling prostitution. Second, the person must act with a specific purpose, such as forcing someone to work for a foreign power, making them leave or be confined in the United States, discouraging protected speech, or retaliating for protected speech. Third, the person must be acting as an agent of a foreign government or a foreign terrorist organization.

The law provides definitions for agent of a foreign government and foreign terrorist organization. It also defines “protected conduct” to include speech protected by the federal and state constitutions.^[2]

This law took effect September 1, 2025.^[3]

What is the penalty for a Texas Transnational Repression offense?

The punishment for Transnational Repression depends on the most serious predicate offense that was committed or conspired to be committed, as the law defines the offense level as increasing predicate offense by one category.^[4] If the predicate offense is a first‑degree felony, the punishment is a first‑degree felony with a minimum of 15 years in prison.^[5]

What is the difference between Transnational Repression and Unauthorized Enforcement of Foreign Law?

Transnational Repression builds on existing crimes. Under this law, the state must prove you committed or conspired to commit one of several predicate offenses, such as assault, aggravated assault, stalking, trafficking of persons, harassment, or compelling prostitution, that you acted as an agent of a foreign government or foreign terrorist organization, and that your purpose was to coerce someone to act for a foreign government or foreign terrorist organization, to cause them to leave or be confined in the United States, to discourage protected speech, or to retaliate for protected speech. The penalty is one category higher than the most serious predicate, with a 15-year minimum if the predicate is already a first-degree felony.

Unauthorized Enforcement of Foreign Law is a standalone offense. Under this law, the state must prove you acted in Texas as an agent of a foreign government or foreign terrorist organization and, without approval from Texas or the United States, you prevented a person from violating a foreign government’s laws or you monitored, investigated, detected, or surveilled them for that purpose, and it is punished as a second degree felony. ^[6]

How does the law define “agent of a foreign government” and “foreign terrorist organization”?

The statute defines an “agent of a foreign government or foreign terrorist organization” as someone “acting on behalf of or otherwise employed or controlled by a foreign government or foreign terrorist organization.”^[7] The definition is functional. A person need not hold a formal role or be on a payroll. If the person’s activities are coordinated, directed, funded, or otherwise controlled by a foreign government or a foreign terrorist organization, the law will treat the person as an agent. The statute uses Chapter 71’s existing definition of “foreign terrorist organization.”^[8]

What concerns do we have about this law?

The outer limits of this law, charged as a conspiracy, do not require the State to prove any crime was actually committed (conspiracy covers an agreement – a meeting of the minds – that does not have to be written and only requires one “overt act,” which can be anything – it does not have to be criminal), can apply to U.S. citizens, and does not require you to know or think that you are acting on behalf of one of these organizations. The overt act could be your “like” on a Facebook post that belongs to an organization that you support, and the State could use that same “like” as evidence that you were part of a “conspiracy.”

Practically, the state will try to prove the “on behalf of or otherwise employed or controlled by” link with communications, tasking, payments, travel support, or other coordination with foreign officials or operatives. Independent advocacy or journalism that is not directed or controlled by a foreign government or foreign terrorist organization should not qualify as agency under this definition, but inevitably, the state will target any journalism or advocacy that it does not like.

How can I be charged with a Transnational Repression offense in Texas?

You can be charged with Transnational Repression in Texas if the state’s attorneys believe that each of the elements of §76.045(b), as described in the section above, have been met.

What is the statute of limitations for Transnational Repression in Texas?

Transnational Repression offenses have a three-year limitations period.^[9]

Can you get probation for Transnational Repression in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Transnational Repression, and judges are also allowed to accept deferred adjudication plea deals.^[10]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[11] 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.^[12]

What level of crime is Transnational Repression in Texas?

The Penal Code classifies the punishment for Transnational Repression as one category higher than the most serious predicate offense, with a first‑degree felony and a 15‑year minimum if the predicate offense is already a first‑degree felony.

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

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Legal References:

^1. Texas Penal Code §76.045. This law is current as of 2025.^2. Texas Penal Code §76.045(a)(3), as enacted by SB 1349, 89th Texas Legislature (RS), Section 1^3. See SB 1349, 89th Texas Legislature (RS), Section 5^4. Texas Penal Code §76.045(c), as added by SB 1349, 89th Texas Legislature (RS), Section 1^5. Texas Penal Code §76.045(c), as added by SB 1349, 89th Texas Legislature (RS), Section 1^6. Texas Penal Code §76.046(b)–(c), as enacted by SB 1349, 89th Legislature (RS), Section 1^7. Texas Penal Code §76.045(a)(1), as enacted by SB 1349, 89th Texas Legislature (RS), Section 1^8. Texas Penal Code §76.045(a)(2), as enacted by SB 1349, 89th Texas Legislature (RS), Section 1, cross-referencing Texas Penal Code §71.01(e)^9. See Code of Criminal Procedure §12.01(11)^10. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^11. Art. 42A.053(c), Texas Code of Criminal Procedure^12. Art. 42A.054(b), Texas Code of Criminal Procedure