Friday, December 4, 2009

Section 71.03 - Defenses Excluded

Sec. 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, Sec. 1, eff. June 10, 1977. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.