Texas Laws: Penal Code

Chapter 71  Organized Crime

Texas Laws > Penal Code > Chapter 71 > Section 71.03

Section 71.03.  Defenses Excluded

§ 71.03. DEFENSES EXCLUDED.  It is no defense to 
prosecution under Section 71.02 that:
		(1)  one or more members of the combination are not 
criminally responsible for the object offense;
		(2)  one or more members of the combination have been 
acquitted, have not been prosecuted or convicted, have been 
convicted of a different offense, or are immune from prosecution;
		(3)  a person has been charged with, acquitted, or 
convicted of any offense listed in Subsection (a) of Section 71.02;  
or
		(4)  once the initial combination of three or more 
persons is formed there is a change in the number or identity of 
persons in the combination as long as two or more persons remain in 
the combination and are involved in a continuing course of conduct 
constituting an offense under this chapter.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 
1977.  Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. 
Sept. 1, 1994.

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