Email, response to PolitiFact Texas, Scott Henson, March 6, 2013

6:49 pm

My original source on that was TPPF. Marc Levin calculated it. First time I wrote about it was here:

http://gritsforbreakfast.blogspot.com/2007/08/can-you-think-of-eleven-different.html

Note that in the comments someone actually named a bunch of them. See also this somewhat satirical followup:

http://gritsforbreakfast.blogspot.com/2007/08/oyster-related-crime-and-its-absurdist.html

There are also, of course, oyster related misdemeanors, see:

http://gritsforbreakfast.blogspot.com/2009/04/enhancing-crustacean-related-crime.html

It should be mentioned that the way the code is written it's VERY difficult to count crimes because it's hard to know whether to count each enhancement as a separate crime and there's inevitably a lot of interpretation. Notably, nobody actually knows how many federal crimes exists - there are several estimates, each of which have been disputed.

The parole board after each session updates the list of crimes in its "Offense severity list" which is the count I tend to rely on. They have to identify each individual crime in order to classify it for risk categorization purposes. See the most recent one at:

http://www.tdcj.state.tx.us/bpp/parole_guidelines/PG%20OFF%20SEV%20RANK%20LIST%20%2802-09-2012%29.pdf

I'd suggest searching on the word "oyster" and counting them.