3rd DEGREE OR STATE JAIL FELONY?

[LoneStar13]

What is the name of your state? TX

In the Texas Penal Code 71.02 Engaging in Organized Criminal Activity there are 2 subsection (b)'s, both amended by Acts 1993, 73rd Leg.

ch. 761 S 3 states an offense under this section is one category higher than the most serious offense listed in 1 thru 10 above. If most serious offense is a Class A misdemeanor, the offense is a felony of the third degree

ch 900 S1.01 states if most serious offense is a Class a misdemeanor then the offense is a state jail felony.

What determines which subsection (b) is used for defining the offense? In what cases would you consider (b) third degree felony as the cagegory higher and in what case would the one category hgher be a state jail felony?

Can anyone answer this for me?

 

[HomeGuru]

What is the name of your state? TX

In the Texas Penal Code 71.02 Engaging in Organized Criminal Activity there are 2 subsection (b)'s, both amended by Acts 1993, 73rd Leg.

ch. 761 S 3 states an offense under this section is one category higher than the most serious offense listed in 1 thru 10 above. If most serious offense is a Class A misdemeanor, the offense is a felony of the third degree

ch 900 S1.01 states if most serious offense is a Class a misdemeanor then the offense is a state jail felony.

What determines which subsection (b) is used for defining the offense? In what cases would you consider (b) third degree felony as the cagegory higher and in what case would the one category hgher be a state jail felony?

Can anyone answer this for me?

**A: Why do you want to know? What is your involvement?

 

[CavemanLawyer]

The first amended language (saying that Class A gets bumped up to 3rd degree felony) is a prior amendment. You just go by the last amendment that says that conspiracy (what engaging in organized criminal activity is) to commit a Class A offense would be a state jail felony.

Some publications of the penal code (especially online publications) list some or all of the prior amendments to that statute. You just skip down to the last amendment and go by that, but I think it just makes it confusing. If you go out and by a hard copy of the latest penal code than it will probably not show any amendments at all, it will just show the law as it is now and maybe explain about recent amendments in a footnote.

 

[fairisfair]

The first amended language (saying that Class A gets bumped up to 3rd degree felony) is a prior amendment. You just go by the last amendment that says that conspiracy (what engaging in organized criminal activity is) to commit a Class A offense would be a state jail felony.

Some publications of the penal code (especially online publications) list some or all of the prior amendments to that statute. You just skip down to the last amendment and go by that, but I think it just makes it confusing. If you go out and by a hard copy of the latest penal code than it will probably not show any amendments at all, it will just show the law as it is now and maybe explain about recent amendments in a footnote.

Just curious. Are you a criminal attorney?

 

[Tritium]

The first amended language (saying that Class A gets bumped up to 3rd degree felony) is a prior amendment. You just go by the last amendment that says that conspiracy (what engaging in organized criminal activity is) to commit a Class A offense would be a state jail felony.

Some publications of the penal code (especially online publications) list some or all of the prior amendments to that statute. You just skip down to the last amendment and go by that, but I think it just makes it confusing. If you go out and by a hard copy of the latest penal code than it will probably not show any amendments at all, it will just show the law as it is now and maybe explain about recent amendments in a footnote.

So one might conclude that involving yourself in any form of organized crime (I wonder if they have an impressive filing system) You get to start your game with a handicap. Cause you know the more people you rely on, the more likely it is you'll get caught.

A lot of the law I looked up in Colorado would show the old wording with lines through what no longer applied, or simply "repealed" -- Usually state legislature sites are the best sources to jump on first.

 

[CavemanLawyer]

Just curious. Are you a criminal attorney?

Yes, and a former prosecutor.

 

[fairisfair]

Yes, and a former prosecutor.

Thank you.

 

[LoneStar13]

To Caveman Lawyer:

Thank you. You've been very helpful. You are very straight forward in your answers and I appreciate that.

LoneStar13