Had this question posed to me by one of our school officials (who knows more than me, but asked so I ask).
School takes class panaramic photo for yearbook and for the class. After picture is taken and sent off for printing (but before actual printing - I think) it is noticed that 3 of the students are flashing gang sings. School had to stop the run (at fairly decent expense) and wants to photo-shop the gang signs out (at more expense).
We couldn't think of any charge under the code (school is doing their thing about participating in gang activity) but said I would ask.
How about 32.121 EC?
� 37.121. FRATERNITIES, SORORITIES, SECRET SOCIETIES, AND
GANGS. (a) A person commits an offense if the person:
(1) is a member of, pledges to become a member of,
joins, or solicits another person to join or pledge to become a
member of a public school fraternity, sorority, secret society, or
(2) is not enrolled in a public school and solicits
another person to attend a meeting of a public school fraternity,
sorority, secret society, or gang or a meeting at which membership
in one of those groups is encouraged.
(b) A school district board of trustees or an educator shall
recommend placing in a disciplinary alternative education program
any student under the person's control who violates Subsection (a).
(c) An offense under this section is a Class C misdemeanor.
(d) In this section, "public school fraternity, sorority,
secret society, or gang" means an organization composed wholly or
in part of students of public primary or secondary schools that
seeks to perpetuate itself by taking in additional members from the
students enrolled in school on the basis of the decision of its
membership rather than on the free choice of a student in the school
who is qualified by the rules of the school to fill the special aims
of the organization. The term does not include an agency for public
welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay,
Rainbow Girls, Pan-American Clubs, scholarship societies, or other
similar educational organizations sponsored by state or national
Added by Acts 1995, 74th Leg., ch. 260, � 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, � 23, eff. June 20,
You could argue that they are are member based on the fact that they are flashing signs unique to that gang. (of course you would have to get the gang signs interpreted).
Just my .02
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