Racketeer Influenced & Corrupt Organizations (RICO) Act 2016

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Racketeer Influenced & Corrupt Organizations (RICO) Act 2016

Post by Pitchounette » Wed Nov 16, 2016 5:36 am

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Racketeer Influenced and Corrupt Organizations (RICO) Act, 2016


ACT NO. 019-16
An Act to prohibit the operation of organized criminal enterprises and the profiteering from organized crime
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THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:
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Section 1. Definitions.
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  1. ”Enterprise” refers to any coordinated, cooperative or collaborative activity undertaken by two or more persons associated by fact, but not necessarily through a legal entity, with the intention of achieving financial or other material gain for the affiliated persons.
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  2. “Racketeering” refers to acquiring, establishing, operating an enterprise through illegal acts or with illegally derived income.
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  3. “Racketeering Activity” refers to the commitment or attempted commitment, a conspiracy to commit, or to intentionally aid, solicit, order, coerce or intimidate another person to commit any unlawful activities defined within Title 1 of the Penal Code of San Andreas, as well as any of the following offences listed within the Penal Code: (2)01 Arson, (2)04 Burglary, (2)06 Robbery, (2)07 Armed Robbery, (2)09 Theft, (2)10 Grand Theft, (2)11 Grand Theft Auto, (2)12 Grand Theft of a Firearm, (2)13 Receiving Stolen Property, (2)14 Extortion, (2)15 Forgery, (2)16 Fraud, (3)03 Prostitution, (3)04 Pandering / Pimping, (4)01 Bribery, (4)05 Dissuading A Witness or Victim, (4)16 Human Trafficking, (4)18 Tampering With Evidence, (4)19 Introduction of Contraband, (4)22 Corruption of Public Duty, (4)23 Corruption of Public Office, (6)02 Possession of a Controlled Substance with Intent to Sell, (6)04 Maintaining A Place for the Purpose of Distribution, (6)05 Manufacture of a Controlled Substance, (6)06 Sale of a Controlled Substance, (6)10 Facial Obstruction While Committing a Crime, (6)11 Terrorism, (9)05 Possession of an Assault Weapon, (9)04 Possession Of An Assault Weapon, (9)05 Unlicensed Sale of a Firearm, (9)06 Possession of an Explosive Device, (9)07 Manufacture or Possession of an Improvised Device, (9)08 Possession of Weaponry with Intent to Sell, (9)09 Possession of Explosive Devices with Intent to Sell, (9)12 Drive-By Shooting, (13)02 Tax Evasion, (13)03 Laundering of Money Instruments, (13)04 Gambling License Violation, (13)10 Wiretapping Violation, (13)12 Corporate Hijacking.
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  4. ”Pattern of Racketeering Activity” refers to engaging in at least two incidents of racketeering activity (as defined by Section 1(c) of this Act), one of which occurred after the effective date of this Act and the last of which occurred within ten years after the commission of a prior act of racketeering activity, that can reasonably be determined to be done in the service or direction of or employment by any enterprise.
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  5. ”Unlawful Debt” refers to any money or other thing of value constituting principal or interest of a debt that is incurred or contracted in violation of any of the aforementioned activities listed in Section 1(c) of this Act.
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  6. ”Conspiracy” refers to an agreement between two or more persons to engage in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors, at some point in the future.

Section 2. Prohibition of Racketeering Activity
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  1. It shall be unlawful for any person, group of persons, or organization(s), to knowingly engage or participate in, or conspire to engage or participate in, a pattern of racketeering activity (as defined by Section 1(d) of this Act), or through the collection of an unlawful debt, that can reasonably be determined to be done in the service of, association with or employment by any enterprise.
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  2. It shall be unlawful for any person, group of persons, or organization(s), to knowingly and intentionally aid, solicit, order, command, direct, coerce or intimidate another person, or group of persons, directly or indirectly, to engage in a pattern of racketeering activity (as defined by Section 1(D) of this Act), or the collection of an unlawful debt, that can reasonably be determined to be done in the service of, association with or employment by any enterprise.

Section 3. Prohibition of Benefiting from the Proceeds of Racketeering
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  1. It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity, defined by Section 1(d) of this Act, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise including, but not limited to, a corporation, sole proprietorship, business trust, chartered union, or any unchartered union, association or group of individuals associated in fact although not a legal entity.
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  2. It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, commercial activity.
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  3. It shall be unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to receive anything of value or to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
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  4. It shall be unlawful for any person to receive any income derived, directly or indirectly, from a pattern of racketeering activity defined by Section 1(D) of this Act due to a discernable position of rank, leadership or seniority within an enterprise.
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  5. It shall be unlawful for any person to conspire to violate any of the subsections of this section.

Section 4. Charging of Incidents of Racketeering Activity
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  1. All allegations of violation(s) of Sections 3 or 4 of this Act shall be charged in the Supreme Court of San Andreas through a criminal indictment.
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  2. In any information or indictment charging a violation of Sections 3 or 4 of this Act, the state shall allege the existence of a clear and consistent pattern of racketeering activity based upon substantive and compelling evidence of at least two incidents of racketeering activity, all of which shall be specified within the indictment.
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  3. In any such indictment, the state shall separately list each individual offence detailed in Section 1(D) of this Act which it alleges to have been committed by the Defendant(s) in violation of Sections 2 or 3 of this Act.
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  4. Any information or indictment charging a violation, or violations, of Sections 2 or 3 shall also indicate whether, and to what extent, the state alleges that any property of the Defendant(s) may be subject to forfeiture as detailed in Section 6 of this Act.

Section 5. Trial, Conviction and Criminal Penalties
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  1. Any prosecution conducted by the state alleging violations of this Act before the Supreme Court of San Andreas shall adopt affidavit proceedings as the rules of court, notwithstanding the fact that different proceedings may be utilized in other matters before the Supreme Court.
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  2. In order to be convicted of violating any provision of this Act, a person must be deemed to be guilty beyond a reasonable doubt by the Supreme Court of San Andreas, either through the decision of a judge or jury, at the conclusion of a trial or upon the submission of a plea of guilty by the Defendant(s).
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  3. In any prosecution conducted under the terms of this Act, the court or the jury shall indicate each count of the indictment that it finds to have been proven by the state in violation of this Act beyond a reasonable doubt.
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  4. Conviction of violating any provision of Section 2 of this Act shall carry with it a penalty that is twice what is specified within the Penal Code of San Andreas for the associated racketeering activity within that particular count.
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  5. Conviction of violating any provision of Section 3 of this Act shall carry with it a minimum penalty of one year imprisonment and a maximum penalty of twenty years imprisonment, in addition to forfeiture which may be determined by Section 6 of this Act.

Section 6. Forfeiture of Criminal Property or Assets
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  1. Upon conviction of a person found to be violation of any provision within Sections 2 or 3 of this Act, the Supreme Court of San Andreas or the jury, as the case may be, before which the Defendant(s) was tried shall determine whether any property of the Defendant(s) was acquired, maintained or used in violation of Sections 2 and or 3 of this Act.
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  2. Upon a determination thereof, the Supreme Court of San Andreas shall render a judgment of forfeiture and authorize the Attorney General of San Andreas to seize in the name of the State of San Andreas all property subject to forfeiture under this Act upon such terms or conditions, relating only to such matters as the time and method of such seizure as the court shall deem proper.

(( OOC Disclaimer: This Act directly relates to faction takedowns and under the purview of faction management. This act will be reviewed periodically to be adjusted to the server if deemed necessary, however it cannot be subjected to an IC proposal or discussion with the intention to modify its content, nor can it be repealed or nullified by another act, constitutional amendment, or penal code addition. Proposal to amend the content or clarification of this act should be directed to the Head of Factions. This act cannot be modified in any way without the consent and involvement of the Head of Factions. Do not use this act for anything other than faction takedown without consulting the Head of Faction. ))
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