Tex. Pen. Code § 71.03

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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.

Tex. Pen. Code § 71.03

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. 6/10/1977.