26 Nov 2013
A recent article reports that an arrest took place last week in Waco, Texas. A 19-year old woman is now charged with burglary and engaging in organized criminal activity. The arrests focused on separate incidents, with the burglary relating to theft of items taken from a home; the organized criminal activity charge focused on a claim that the woman distracted the employees inside a Lids store in Richland Mall, while her alleged cohorts stole 20 hats from the shop.
So just what is organized criminal activity, and what makes it an attractive charge to level against defendants, from the point of view of the police and prosecutors? The offense is defined in Chapter 71 of the Texas Penal Code. It consists of committing or conspiring to commit a laundry list of offenses, including (in this case) burglary, with intent to participate in a “combination.” A combination, in turn, is defined as three or more persons who collaborate in criminal activities.
It may seem like a lot of trouble to pass additional laws covering essentially the same activities, until you realize that law enforcement views organized crime, whether in a traditional sense, or in terms of street gang activity, as more of a threat to the public than the underlying offenses that might be involved in a given case. For years, the government has been enacting new statutes to punish just such behavior, including laws such as the federal Racketeer Influenced and Corrupt Organizations Act, passed by Congress as part of the Organized Crime Control Act of 1970.
A major aspect of many of these laws, including section 71.02 of the Texas Penal Code, is that they provide enhanced punishments for those convicted of a violation. A criminal conspiracy (PC 15.02) to commit most felonies, for example, is categorized under Texas law one step lower than the most serious felony involved in the conspiracy. Organized criminal activity, on the other hand, is categorized one level higher than the most serious offense within its aim. In this case, the burglary of the store at the mall would probably be categorized as a state jail felony. When charged as organized criminal activity, it becomes a third degree felony. The maximum term of incarceration, therefore increases from two years to ten years. From the point of view of the prosecution, that is the most attractive feature of the law.
Law Office of David D. White, PLLC
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Austin, TX 78701
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