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McIntosh v. State

The appellant's status as a party to the object offense can support his conviction for engaging in organized criminal activity.

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ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY

The law of parties provides that an accused may be held criminally liable for the acts of another when, with the requisite intent, he solicits, encourages, directs, aids, or attempts to aid another person in committing an offense. Tex. Penal Code � 7.02. In this case, the appellant was charged with engaging in organized criminal activity, the object of which was to compel prostitution. We granted review to determine whether the appellant’s status as a party to the object offense can support his conviction for engaging in organized criminal activity. Tex. Penal Code � 71.02(a)(3). We hold that it can.

The appellant was the owner of the L&L Gentleman’s Club in El Paso County. Officers with the El Paso Police Department learned that, among other services offered at the club, customers could purchase sexual relations, known as private dances, with children under age seventeen. Two undercover officers posed as customers and requested to purchase private dances. An employee told the officers that they could purchase private dances performed in private rooms above the club. The officers purchased the services and were led upstairs. They sent a signal to other officers outside, who then raided the club.

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