§ 460.10 Definitions.
The following definitions are applicable to this article.
1. “Criminal act” means conduct constituting any of the following
crimes, or conspiracy or attempt to commit any of the following
felonies:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13
relating to strangulation; sections 125.10 to 125.27 relating to
homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections
135.20 and 135.25 relating to kidnapping; sections 135.35 and 135.37
relating to labor trafficking; section 135.65 relating to coercion;
sections 140.20, 140.25 and 140.30 relating to burglary; sections
145.05, 145.10 and 145.12 relating to criminal mischief; article one
hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and
155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and
177.25 relating to health care fraud; article one hundred sixty relating
to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to
criminal possession of stolen property; sections 165.72 and 165.73
relating to trademark counterfeiting; sections 170.10, 170.15, 170.25,
170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10,
175.25, 175.35, 175.40 and 210.40 relating to false statements; sections
176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections
178.20 and 178.25 relating to criminal diversion of prescription
medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25,
180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
200.22, 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19; sections
187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
fraud, sections 190.40 and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; any felony defined in article
four hundred ninety-six; sections 205.60 and 205.65 relating to
hindering prosecution; sections 210.10, 210.15, and 215.51 relating to
perjury and contempt; section 215.40 relating to tampering with physical
evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and
220.77 relating to controlled substances; sections 225.10 and 225.20
relating to gambling; sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section 230.34 relating to sex trafficking;
sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10 which constitute a felony relating to
firearms and other dangerous weapons; sections 265.14 and 265.16
relating to criminal sale of a firearm; section 275.10, 275.20, 275.30,
or 275.40 relating to unauthorized recordings; and sections 470.05,
470.10, 470.15 and 470.20 relating to money laundering; or
(b) Any felony set forth elsewhere in the laws of this state and
defined by the tax law relating to alcoholic beverage, cigarette,
gasoline and similar motor fuel taxes; article seventy-one of the
environmental conservation law relating to water pollution, hazardous
waste or substances hazardous or acutely hazardous to public health or
safety of the environment; article twenty-three-A of the general
business law relating to prohibited acts concerning stocks, bonds and
other securities, article twenty-two of the general business law
concerning monopolies.
2. “Enterprise” means either an enterprise as defined in subdivision
one of section 175.00 of this chapter or criminal enterprise as defined
in subdivision three of this section.
3. “Criminal enterprise” means a group of persons sharing a common
purpose of engaging in criminal conduct, associated in an ascertainable
structure distinct from a pattern of criminal activity, and with a
continuity of existence, structure and criminal purpose beyond the scope
of individual criminal incidents.
4. “Pattern of criminal activity” means conduct engaged in by persons
charged in an enterprise corruption count constituting three or more
criminal acts that:
(a) were committed within ten years of the commencement of the
criminal action;
(b) are neither isolated incidents, nor so closely related and
connected in point of time or circumstance of commission as to
constitute a criminal offense or criminal transaction, as those terms
are defined in section 40.10 of the criminal procedure law; and
(c) are either: (i) related to one another through a common scheme or
plan or (ii) were committed, solicited, requested, importuned or
intentionally aided by persons acting with the mental culpability
required for the commission thereof and associated with or in the
criminal enterprise.
