Texas Penal Code § 71.02(b)

10 charge variants · 5 counties

Variants: 10
Counties: 5

The charge

Statute

§ 71.02(b)

(b) Except as provided in Subsections (c), (d), and (e), an offense under this section is one category higher than the most serious offense listed in Subsection (a) that was committed, and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony, except that the offense is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for: (1) life without parole, if the most serious offense is an aggravated sexual assault and if at the time of that offense the defendant is 18 years of age or older and: (A) the victim of the offense is …

Published statute text · retrieved 2026-09-16 · not the full statute. Read § 71.02 on the Texas Legislature’s website

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CountySeverityCharge variant

17 charges under § 71.02

Cases

The 8 with the most cases, of 17 charges filed under this section.

Charge variants

Each keeps its own counts and outcomes

10 charges are filed under this section. Select one to see its records, outcomes and sentences.

Charge variant	Severity	Cases	Recorded dispositions
Engaging In Organized Criminal Activity	First-Degree Felony	221	169of 224 charges
Engaging In Organized Criminal Activity	Third-Degree Felony	134	95of 134 charges
Engaging In Organized Criminal Activity	State Jail Felony	132	123of 132 charges
Engaging In Organized Criminal Activity	Second-Degree Felony	63	38of 63 charges
Engaging In Organized Criminal Activity	Class A Misdemeanor	19	19of 19 charges
Engaging In Organized Criminal Activity	Class B Misdemeanor	3	2of 3 charges
E.I.O.C.A Deadly Conduct	Second-Degree Felony	2	2of 2 charges
Attempt To Commit Engaging In Organized Criminal Activity	Second-Degree Felony	1	1of 1 charges
Engaging In Organized Criminal	State Jail Felony	1	1of 1 charges
Engaging In Organized Criminal Activity/Aggravated Robbery	First-Degree Felony	1	1of 1 charges

Cases can appear in multiple variants. Counts and sentence medians are not combined. Historical statute versions have not yet been verified.