§ 30-42-3 — Definitions

As used in the Racketeering Act: A. “racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses: (1) murder, as provided in Section 30-2-1 NMSA 1978; (2) robbery, as provided in Section 30-16-2 NMSA 1978; (3) kidnapping, as provided in Section 30-4-1 NMSA 1978; (4) forgery, as provided in Section 30-16-10 NMSA 1978; (5) larceny, as provided in Section 30-16-1 NMSA 1978; (6) fraud, as provided in Section 30-16-6 NMSA 1978; (7) embezzlement, as provided in Section 30-16-8 NMSA 1978; (8) receiving stolen property, as provided in Section 30-16-11 NMSA 1978; (9) bribery, as provided in Sections 30-24-1 through 30-24-3.1 NMSA 1978; (10) gambling, as provided in Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978; (11) illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978; (12) extortion, as provided in Section 30-16-9 NMSA 1978; (13) trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978; (14) arson and aggravated arson, as provided in Subsection A of Section 30- 17-5 and Section 30-17-6 NMSA 1978; (15) promoting prostitution, as provided in Section 30-9-4 NMSA 1978; (16) criminal solicitation, as provided in Section 30-28-3 NMSA 1978; (17) fraudulent securities practices, as provided in the New Mexico Uniform Securities Act [58-13C-101 to 58-13C-701 NMSA 1978]; (18) loan sharking, as provided in Sections 30-43-1 through 30-43-5 NMSA 1978; (19) distribution of controlled substances or controlled substance analogues, as provided in Sections 30-31-21 and 30-31-22 NMSA 1978; (20) money laundering, as provided in Section 30-51-4 NMSA 1978; (21) unlawful taking of a vehicle or motor vehicle, as provided in Section 30- 16D-1 NMSA 1978; (22) embezzlement of a vehicle or motor vehicle, as provided in Section 30- 16D-2 NMSA 1978; (23) fraudulently obtaining a vehicle or motor vehicle, as provided in Section 30-16D-3 NMSA 1978; (24) receiving or transferring stolen vehicles or motor vehicles, as provided in Section 30-16D-4 NMSA 1978; (25) altering or changing the serial number, engine number, decal or other numbers or marks of a vehicle or motor vehicle, as provided in Section 30-16D-6 NMSA 1978; (26) trafficking cannabis products, as provided in Section 26-2C-28 NMSA 1978; (27) sexual exploitation of children, as provided in Sections 30-6A-3 and 30- 6A-4 NMSA 1978; (28) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; (29) criminal sexual contact, as provided in Sections 30-9-12 and 30-9-13 NMSA 1978; (30) dog fighting, as provided in Section 30-18-9 NMSA 1978; (31) cockfighting, as provided in Section 30-18-9 NMSA 1978; (32) bringing contraband into places of imprisonment, as provided in Section 30-22-14 NMSA 1978; and (33) human trafficking, as provided in Section 30-52-1 NMSA 1978; B. “person" means an individual or entity capable of holding a legal or beneficial interest in property; C. “enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of persons associated in fact although not a legal entity, and includes illicit as well as licit entities; and D. “pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering.

Legislative History

Laws 1980, ch. 40, § 3; 1988, ch. 14, § 4; 1998, ch. 113, § 6; 2009, ch. 253, §