The applicable Penal Code would be Texas 71.02. It brings in an organized crime section that basicly says if you were wearing gang colors, bike jackets, etc.... You are just as responsible as the guy who pulled the trigger. Even if you were sitting inside.
Sorry, I didn’t mean for that to PM. I’m half asleep.
http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.71.HTM
Here is the law for reference.
You are getting that from the definitions section. I call attention to another definition...
“(b) “Conspires to commit” means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.>
What is the overt act here?
(d) “Criminal street gang” means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.