LoneStar13
Junior Member
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?
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?