§ 53-394 — Definitions.

Connecticut § 53-394

• Jurisdiction: Connecticut
• Title 53: Crimes
• Ch. 949c: Corrupt Organizations and Racketeering Activity Act

Text

(a) “Racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to intentionally aid, solicit, coerce or intimidate another person to commit any crime which, at the time of its commission, was a felony chargeable by indictment or information under the following provisions of the general statutes then applicable: (1) Sections 53-278a to 53-278f, inclusive, relating to gambling activity; (2) chapter 949a, relating to extortionate credit transactions; (3) chapter 952, part IV, relating to homicide; (4) chapter 952, part V, relating to assault, except assault with a motor vehicle as defined in section 53a-60d; (5) sections 53a-85 to 53a-88, inclusive, relating to prostitution; (6) chapter 952, part VII, relating to kidnapping; (7) chapter 952, part VIII, relating to burglary, arson and related offenses; (8) chapter 952, part IX, relating to larceny, robbery and related offenses; (9) chapter 952, part X, relating to forgery and related offenses; (10) chapter 952, part XI, relating to bribery and related offenses; (11) chapter 952, part XX, relating to obscenity and related offenses; (12) chapter 952, part XIX, relating to coercion; (13) sections 53-202, 53-206, 53a-211 and 53a-212, relating to weapons and firearms; (14) section 53-80a, relating to the manufacture of bombs; (15) sections 36b-2 to 36b-34, inclusive, relating to securities fraud and related offenses; (16) sections 21a-277, 21a-278, 21a-278b and 21a-279, relating to drugs; (17) section 22a-131a, relating to hazardous waste; (18) chapter 952, part XXIII, relating to money laundering; (19) section 53a-192a, relating to trafficking in persons; or (20) subsection (b) of section 12-304 or section 12-308, relating to cigarettes, or subsection (c) of section 12-330f or subsection (b) of section 12-330j, relating to tobacco products. (b) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is incurred or contracted: (1) In violation of any of the following provisions of law: (A) Sections 53-278a to 53-278f , inclusive, relating to gambling activity; (B) chapter 663, relating to interest violations; or (2) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under state or federal law. (c) “Enterprise” means any individual, sole proprietorship, corporation, business trust, union chartered under the laws of this state or other legal entity, or any unchartered union, association or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit enterprises and governmental, as well as other entities. In determining whether any unchartered union, association or group of individuals exists, factors which may be considered as evidence of association include, but are not limited to: (1) A common name or identifying sign, symbols or colors and (2) rules of behavior for individual members. (d) “Person” includes any individual or entity, governmental, business or other, capable of holding a legal or beneficial interest in property. (e) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar purposes, results, participants, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided the latter or last of such incidents occurred after October 1, 1982, and within five years after a prior incident of racketeering activity. (f) “State's attorney” means the Chief State's Attorney, a deputy chief state's attorney, any state's attorney or any assistant state's attorney. (g) “Property” includes any property, real or personal, or any interest therein or any beneficial interest of whatever kind.

Legislative History

(P.A. 82-343, S. 2; P.A. 84-138, S. 1; P.A. 91-36; July Sp. Sess. P.A. 94-2, S. 8; P.A. 06-43, S. 2; P.A. 09-193, S. 1; June Sp. Sess. P.A. 15-5, S. 128; P.A. 17-147, S. 41; P.A. 18-25, S. 8; June Sp. Sess. P.A. 21-1, S. 156.) History: P.A. 84-138 amended Subsec. (a) by replacing alphabetic Subdiv. indicators with numeric Subdiv. indicators and adding Subdiv. (17) re Sec. 22a-131a; P.A. 91-36 added Subsec. (a)(18) re chapter 952, part XXIII; July Sp. Sess. P.A. 94-2 redefined “enterprise” to add provision re factors that may be considered as evidence of association when determining whether any unchartered union, association or group of individuals exists; P.A. 06-43 added Subsec. (a)(19) re Sec. 53a-192a, effective July 1, 2006; P.A. 09-193 amended Subsec. (a) to redefine “racketeering activity” by replacing “sections 36b-2 to 36b-33, inclusive, relating to securities” with “sections 36b-2 to 36b-34, inclusive, relating to securities fraud and related offenses” in Subdiv. (15); June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding Subdiv. (20) re Sec. 12-304(b)(1) or Sec. 12-308 relating to cigarettes, effective June 30, 2015; P.A. 17-147 amended Subsec. (a)(20) by adding reference to Sec. 12-330f(c) or 12-330j(b) relating to tobacco products, effective July 1, 2017; P.A. 18-25 amended Subsec. (a)(20) by deleting “subdivision (1) of” re Sec. 12-304(b), effective July 1, 2018; June Sp. Sess. P.A. 21-1 amended Subsec. (a)(16) by adding reference to Sec. 21a-278b, effective July 1, 2021. Cited. 206 C. 421. A partnership qualifies as an enterprise under the category of other chartered legal entities; although defendant viewed relationship as a partnership, it constituted an unchartered enterprise, or association in fact, under Subsec. (c). 297 C. 66.