CHAPTER 6. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Code Resources
Indiana Resources
Indiana Website
Indiana Governor
Indiana Legislature
Indiana Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Chapter 6. Racketeer Influenced and Corrupt Organizations
IC 35-45-6-1 Version a
Definitions
Note: This version of section amended by P.L.151-2006, SEC.17.
See also following version of this section amended by P.L.173-2006,
SEC.53.
35-45-6-1 Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing,
photograph, recording, or other tangible item containing compiled
data from which information can be either obtained or translated into
a usable form.
"Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
merely associated in fact.
"Pattern of racketeering activity" means engaging in at least two
(2) incidents of racketeering activity that have the same or similar
intent, result, accomplice, victim, or method of commission, or that
are otherwise interrelated by distinguishing characteristics that are
not isolated incidents. However, the incidents are a pattern of
racketeering activity only if at least one (1) of the incidents occurred
after August 31, 1980, and if the last of the incidents occurred within
five (5) years after a prior incident of racketeering activity.
"Racketeering activity" means to commit, to attempt to commit,
to conspire to commit a violation of, or aiding and abetting in a
violation of any of the following:
(1) A provision of IC 23-2-1, or of a rule or order issued under
IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Child exploitation (IC 35-42-4-4).
(9) Robbery (IC 35-42-5-1).
(10) Carjacking (IC 35-42-5-2).
(11) Arson (IC 35-43-1-1).
(12) Burglary (IC 35-43-2-1).
(13) Theft (IC 35-43-4-2).
(14) Receiving stolen property (IC 35-43-4-2).
(15) Forgery (IC 35-43-5-2).
(16) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(17) Bribery (IC 35-44-1-1).
(18) Official misconduct (IC 35-44-1-2).
(19) Conflict of interest (IC 35-44-1-3).
(20) Perjury (IC 35-44-2-1).
(21) Obstruction of justice (IC 35-44-3-4).
(22) Intimidation (IC 35-45-2-1).
(23) Promoting prostitution (IC 35-45-4-4).
(24) Promoting professional gambling (IC 35-45-5-4).
(25) Dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1).
(26) Dealing in methamphetamine (IC 35-48-4-1.1).
(27) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(28) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(29) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(30) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(31) Money laundering (IC 35-45-15-5).
(32) A violation of IC 35-47.5-5.
As added by Acts 1980, P.L.199, SEC.2. Amended by P.L.190-1984,
SEC.1; P.L.180-1991, SEC.10; P.L.230-1993, SEC.4; P.L.8-1993,
SEC.511; P.L.112-1998, SEC.1; P.L.17-2001, SEC.16;
P.L.123-2002, SEC.41; P.L.151-2006, SEC.17.
IC 35-45-6-1 Version b
Definitions
Note: This version of section amended by P.L.173-2006, SEC.53.
See also preceding version of this section amended by P.L.151-2006,
SEC.17.
35-45-6-1 Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing,
photograph, recording, or other tangible item containing compiled
data from which information can be either obtained or translated into
a usable form.
"Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
merely associated in fact.
"Pattern of racketeering activity" means engaging in at least two
(2) incidents of racketeering activity that have the same or similar
intent, result, accomplice, victim, or method of commission, or that
are otherwise interrelated by distinguishing characteristics that are
not isolated incidents. However, the incidents are a pattern of
racketeering activity only if at least one (1) of the incidents occurred
after August 31, 1980, and if the last of the incidents occurred within
five (5) years after a prior incident of racketeering activity.
"Racketeering activity" means to commit, to attempt to commit,
to conspire to commit a violation of, or aiding and abetting in a
violation of any of the following:
(1) A provision of IC 23-2-1, or of a rule or order issued under
IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(9) Child exploitation (IC 35-42-4-4).
(10) Robbery (IC 35-42-5-1).
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Burglary (IC 35-43-2-1).
(14) Theft (IC 35-43-4-2).
(15) Receiving stolen property (IC 35-43-4-2).
(16) Forgery (IC 35-43-5-2).
(17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(18) Bribery (IC 35-44-1-1).
(19) Official misconduct (IC 35-44-1-2).
(20) Conflict of interest (IC 35-44-1-3).
(21) Perjury (IC 35-44-2-1).
(22) Obstruction of justice (IC 35-44-3-4).
(23) Intimidation (IC 35-45-2-1).
(24) Promoting prostitution (IC 35-45-4-4).
(25) Promoting professional gambling (IC 35-45-5-4).
(26) Dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1).
(27) Dealing in or manufacturing methamphetamine (IC
35-48-4-1.1).
(28) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(29) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(30) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(31) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(32) Money laundering (IC 35-45-15-5).
(33) A violation of IC 35-47.5-5.
As added by Acts 1980, P.L.199, SEC.2. Amended by P.L.190-1984,
SEC.1; P.L.180-1991, SEC.10; P.L.230-1993, SEC.4; P.L.8-1993,
SEC.511; P.L.112-1998, SEC.1; P.L.17-2001, SEC.16;
P.L.123-2002, SEC.41; P.L.173-2006, SEC.53.
IC 35-45-6-2
Corrupt business influence
35-45-6-2 Sec. 2. A person:
(1) who has knowingly or intentionally received any proceeds
directly or indirectly derived from a pattern of racketeering
activity, and who uses or invests those proceeds or the proceeds
derived from them to acquire an interest in property or to
establish or to operate an enterprise;
(2) who through a pattern of racketeering activity, knowingly or
intentionally acquires or maintains, either directly or indirectly,
an interest in or control of property or an enterprise; or
(3) who is employed by or associated with an enterprise, and
who knowingly or intentionally conducts or otherwise
participates in the activities of that enterprise through a pattern
of racketeering activity;
commits corrupt business influence, a Class C felony.
As added by Acts 1980, P.L.199, SEC.2. Amended by P.L.211-1991,
SEC.9.