§ 18-17-104 — Prohibited activities

(1) (a) It is unlawful for any person who
knowingly has received any proceeds derived, directly or indirectly, from a pattern
of racketeering activity or through the collection of an unlawful debt to use or
invest, whether directly or indirectly, any part of such proceeds or the proceeds
derived from the investment or use thereof in the acquisition of any title to, or any
right, interest, or equity in, real property or in the establishment or operation of any
enterprise.

(b) A purchase of securities on the open market for purposes of investment,
and without the intention of controlling or participating in the control of the issuer,
or of assisting another to do so, shall not be unlawful under this subsection (1) if the
securities of the issuer held by the purchaser, the members of his immediate family,
and his or their accomplices in any pattern of racketeering activity or the collection
of an unlawful debt after such purchase do not amount in the aggregate to one
percent of the outstanding securities of any one class and do not confer, either in
law or in fact, the power to elect one or more directors of the issuer.

(2) It is unlawful for any person, through a pattern of racketeering activity or
through the collection of an unlawful debt, to knowingly acquire or maintain,
directly or indirectly, any interest in or control of any enterprise or real property.

(3) It is unlawful for any person employed by, or associated with, any
enterprise to knowingly conduct or participate, directly or indirectly, in such
enterprise through a pattern of racketeering activity or the collection of an
unlawful debt.

(4) It is unlawful for any person to conspire or endeavor to violate any of the
provisions of subsection (1), (2), or (3) of this section.

Legislative History

Source: L. 81: Entire article added, p. 1018, � 1, effective July 1.