§ 5-64-405 — Continuing criminal enterprise

Arkansas § 5-64-405

• Jurisdiction: Arkansas
• Title: 5

Text

(a) A person commits the offense of engaging in a continuing criminal enterprise if he or she: (1) Violates any provision of this chapter that is a felony, except §§ 5-64-419 and 5-64-441 ; and (2) The violation is a part of a continuing series of two (2) or more felony offenses of this chapter, except §§ 5-64-419 and 5-64-441 : (A) That are undertaken by that person in concert with five (5) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management; and (B) From which that person obtained substantial income or resources. (b) (1) A person who engages in a continuing criminal enterprise upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment up to two (2) times the term otherwise authorized for the underlying offense referenced in subdivision (a)(1) of this section and shall be fined an amount up to two (2) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section. (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony. (c) (1) A person who violates subsection (a) of this section after a previous conviction under subsection (a) of this section has become final upon conviction is guilty of an unclassified felony and shall be punished by a term of imprisonment not exceeding three (3) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section and a fine not exceeding three (3) times the amount authorized for the underlying offense referenced in subdivision (a)(1) of this section. (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony. (d) (1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against all persons who violate this section, jointly and severally, for damages in an amount equal to three (3) times the proceeds acquired by all persons involved in the enterprise or by reason of conduct in furtherance of the enterprise, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings. (2) The standard of proof in an action brought under this section is a preponderance of the evidence. (3) The procedures in the asset forfeiture law, § 5-64-505 , shall apply. (4) A defendant in a civil action brought under this subsection is entitled to a trial by jury. (e) An offender found guilty of a violation of this section shall not: (1) Have his or her sentence suspended; (2) Be placed on probation; (3) Have imposition of sentence suspended; (4) Have the execution of the sentence deferred; (5) Have the sentence deferred; or (6) Be eligible for § 16-93-301 et seq.

Legislative History

Amended by Act 2013, No. 1125,§ 12, eff. 8/16/2013. Acts 1971, No. 590, Art. 4, § 5; A.S.A. 1947, § 82-2621; Acts 2005, No. 1994, § 305[A]; 2011, No. 570, § 37.