Section 71.021 criminalizes the violation of a civil gang injunction — an order obtained by a prosecuting attorney under Chapter 125 of the Civil Practice and Remedies Code enjoining members of a criminal street gang from specified conduct.
What the Statute Says
(a) A person commits an offense if the person knowingly violates a temporary or permanent order issued under Section 125.065(a) or (b), Civil Practice and Remedies Code.
(b) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(c) An offense under this section is a Class A misdemeanor.
How Gang Injunctions Work
A gang injunction is obtained in a civil proceeding. The State names individuals alleged to be members of a criminal street gang and asks a court to enjoin conduct within a defined "safety zone." Typical prohibitions include associating in public with other named individuals, being present in the zone during certain hours, possessing specified items, and intimidating witnesses.
Because the underlying proceeding is civil, the ordinary criminal protections — proof beyond a reasonable doubt, appointed counsel, a jury — do not attach to the entry of the order itself. The criminal exposure comes later, under this section, when the order is violated.
Defending These Cases
Was the person properly named and served? The offense requires a knowing violation. A person who was never served, or who never received notice of the order's terms, cannot knowingly violate it.
Does the conduct actually violate the order? Injunction terms are frequently broad and ambiguous — "associating with," "being present," "gang-related attire." Vague terms are construed against the State, and everyday conduct (attending a family gathering, working within the zone, riding in a car with a relative) often falls outside what the order genuinely prohibits.
Is the order valid? Orders can be challenged as overbroad or as infringing the rights of association and travel, and an order that exceeds the authority granted by Section 125.065 cannot support a conviction.
Gang membership. Whether a person is in fact a member of a criminal street gang — as opposed to a relative, neighbor, or former associate of members — is frequently disputed, and inclusion in a gang database is not proof.
Double prosecution. Subsection (b) permits prosecution under both this section and any other applicable statute. Where both are charged, the defense strategy has to account for the interaction between them.
Related
- Section 71.02 — Engaging in Organized Criminal Activity
- Section 25.07 — violating a protective order
- Bond conditions
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.