Texas Penal Code 72.01 – Definitions
Terms Used In Texas Penal Code 72.01
- Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Arrest: Taking physical custody of a person by lawful authority.
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
In this chapter:
(1) “Enterprise” has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.
(2) “Money” means funds as defined by § 34.01.
(3) “Pattern of racketeering” means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, the last of which occurred not later than the fifth anniversary of the date of a previous incident of racketeering conduct.
(4) “Pecuniary value” means:
(A) anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
(B) any other property or service that has a value in excess of $100.
(5) “Racketeering” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(A) a felony offense under The Securities Act (Title 12, Government Code);
(B) an offense under § 20.03 (kidnapping);
(C) an offense under § 20.04 (aggravated kidnapping);
(D) an offense under § 20.07 (operation of stash house);
(E) a felony offense under Chapter 37 (perjury and other falsification);
(F) a felony offense under § 38.03 (resisting arrest, search, or transportation);
(G) a felony offense under § 38.05 (hindering apprehension or prosecution);
(H) a felony offense under Chapter 43 (public indecency); or
(I) an offense under § 71.02 (engaging in organized criminal activity).
(6) “Real property” has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.
(7) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is wholly or partly legally unenforceable in this state because the debt was incurred or contracted:
(A) in violation of:
(i) the Texas Racing Act (Subtitle A-1, Title 13, Occupations Code, and Article 179e, Revised Civil Statutes);
(ii) Subtitle A, Title 4, Finance Code, or § 11, Article XVI, Texas Constitution, relating to interest and usury, if the usurious rate is at least twice the enforceable rate; or
(iii) Chapter 47, relating to gambling; or
(B) in gambling activity in violation of federal law or in the business of lending money at a rate usurious under state law if the usurious rate is at least twice the enforceable rate.