Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 460.20
Enterprise corruption
Penal (PEN) CHAPTER 40, PART 4, TITLE X, ARTICLE 460
§ 460.20 Enterprise corruption.

1. A person is guilty of enterprise corruption when, having knowledge
of the existence of a criminal enterprise and the nature of its
activities, and being employed by or associated with such enterprise,
he:

(a) intentionally conducts or participates in the affairs of an
enterprise by participating in a pattern of criminal activity; or

(b) intentionally acquires or maintains any interest in or control of
an enterprise by participating in a pattern of criminal activity; or

(c) participates in a pattern of criminal activity and knowingly
invests any proceeds derived from that conduct, or any proceeds derived
from the investment or use of those proceeds, in an enterprise.

2. For purposes of this section, a person participates in a pattern of
criminal activity when, with intent to participate in or advance the
affairs of the criminal enterprise, he engages in conduct constituting,
or, is criminally liable for pursuant to section 20.00 of this chapter,
at least three of the criminal acts included in the pattern, provided
that:

(a) Two of his acts are felonies other than conspiracy;

(b) Two of his acts, one of which is a felony, occurred within five
years of the commencement of the criminal action; and

(c) Each of his acts occurred within three years of a prior act.

3. For purposes of this section, the enterprise corrupted in violation
of subdivision one of this section need not be the criminal enterprise
by which the person is employed or with which he is associated, and may
be a legitimate enterprise.

Enterprise corruption is a class B felony.