Violation of Court Order Enjoining Organized Criminal Activity: Texas Penal Code §71.021

The Texas Violation of Court Order Enjoining Organized Criminal Activity law gives police the right to arrest you if they believe you knowingly violated a court order prohibiting you from engaging in gang activities or imposing another requirement regarding gang activities.

The Texas legislature codified this criminal offense in Texas Penal Code Section 71.021. The legislature did not update this law in 2023. In fact, this law has not been amended since 1995.

The Penal Code codifies the Texas Violation of Court Order Enjoining Organized Criminal Activity law under Title 11 “Organized Crime,” Chapter 71 “Organized Crime.” Learn more about the Texas offense of Violation of Court Order Enjoining Organized Criminal Activity below.

What is the current Texas law about Violation of Court Order Enjoining Organized Criminal Activity?

The current Texas law defines the offense of Violation of Court Order Enjoining Organized Criminal Activity in Penal Code Section §71.021 as follows:^[1]

(a) A person commits an offense if the person knowingly violates a temporary or permanent order issued under Section 125.065(a) or (b), Civil Practice and Remedies Code.

How can I be charged with a Violation of Court Order Enjoining Organized Criminal Activity offense in Texas?

You can be charged with Violation of Court Order Enjoining Organized Criminal Activity in Texas if the state’s attorneys believe that each of the elements of §71.021(a) as described in the section above have been met.

What is the statute of limitation for Violation of Court Order Enjoining Organized Criminal Activity in Texas?

As a misdemeanor, Violation of Court Order Enjoining Organized Criminal Activity charges have a two-year limitations period.^[2]

What is the penalty for a Texas Violation of Court Order Enjoining Organized Criminal Activity offense?

A conviction for Violation of Court Order Enjoining Organized Criminal Activity in Texas is punished as a Class A misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Violation of Court Order Enjoining Organized Criminal Activity in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Violation of Court Order Enjoining Organized Criminal Activity, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that 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.^[5]

What level of crime is Violation of Court Order Enjoining Organized Criminal Activity in Texas?

The Penal Code classifies Violation of Court Order Enjoining Organized Criminal Activity as a Class A misdemeanor.

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

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Legal References:

^1. Texas Penal Code §71.021. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §71.021(c)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.054(b), Texas Code of Criminal Procedure