2021 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 15. Organized Crime and Racketeering
§ 1502. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) a. “Beneficial interest” shall include any of the following:
1. The interests of a person as a beneficiary under any trust arrangement under which a trustee holds legal or record title to personal or real property; or
2. The interests of a person, under any other form of express fiduciary arrangement, pursuant to which any other person holds legal or record title to personal or real property for the benefit of such person.
b. The term “beneficial interest” shall not include the interest of a stockholder in a corporation, or the interest of a partner in either a general partnership or a limited partnership.
(2) “Documentary materials” shall mean any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, and any data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item.
(3) “Enterprise” shall include any individual, sole proprietorship, partnership, corporation, trust or other legal entity; and any union, association or group of persons associated in fact, although not a legal entity. The word “enterprise” shall include illicit as well as licit enterprises, and governmental as well as other entities.
(4) “Foreign corporation” shall have the same definition as is set forth in § 371 of Title 8.
(5) “Pattern of racketeering activity” shall mean 2 or more incidents of conduct:
a. That:
1. Constitute racketeering activity;
2. Are related to the affairs of the enterprise;
3. Are not so closely related to each other and connected in point of time and place that they constitute a single event; and
b. Where:
1. At least 1 of the incidents of conduct occurred after July 9, 1986;
2. The last incident of conduct occurred within 10 years after a prior occasion of conduct; and
3. As to criminal charges, but not as to civil proceedings, at least 1 of the incidents of conduct constituted a felony under the Delaware Criminal Code, or if committed subject to the jurisdiction of the United States or any state of the United States, would constitute a felony under the Delaware Criminal Code if committed in the State.
(6) “Pecuniary value” shall mean:
a. Anything of value in the form of money, a negotiable instrument, a commercial interest or anything else which constitutes an economic advantage; or
b. Any other property or service that has a value in excess of $100.
(7) “Personal property” shall include any personal property or any interest in such personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. An item of personal property or a beneficial interest in personal property shall be deemed to be located where the trustee is, where the personal property is or where the instrument evidencing the right is.
(8) “Principal” shall mean a person who engages in conduct constituting a violation, or one who is legally accountable for the unlawful conduct of another person or entity.
(9) “Racketeering” shall mean to engage in, to attempt to engage in, to conspire to engage in or to solicit, coerce or intimidate another person to engage in:
a. Any activity defined as “racketeering activity” under 18 U.S.C. § 1961(1)(A), (1)(B), (1)(C) or (1)(D); or
b. Any activity constituting any felony which is chargeable under the Delaware Code or any activity constituting a misdemeanor under the following provisions of the Delaware Code:
1. Chapter 53 of Title 30 relating to evasion of payment of cigarette taxes;
2. Chapter 73 of Title 6 relating to the sale of securities;
3. Chapter 5 of Title 11 relating to prostitution;
4. Chapter 5 of Title 11 and Title 6 relating to forgery and counterfeiting;
5. Chapter 5 of Title 11 relating to perjury;
6. Chapter 5 of Title 11 and Title 28 relating to bribery and misuse of public office and improper influence;
7. Chapter 5 of Title 11 relating to obscenity;
8. Chapter 5 of Title 11 and Title 28 relating to gambling;
9. Title 11 and Title 16 relating to drug abuse, prevention and control;
10. Chapter 5 of Title 11 relating to tampering with jurors, evidence and witnesses;
11. Chapter 51 of Title 30 relating to motor fuel tax offenses;
12. Chapter 5 of Title 11 relating to human trafficking; or
13. Chapter 5 of Title 11 relating to animal fighting and baiting;
(10) “Real property” shall mean any real property situated in this State or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
(11) a. “Trustee” shall include:
1. Any person acting as trustee under a trust in which the trustee holds legal or record title to personal or real property; or
2. Any person who holds legal or record title to personal or real property, for which any other person has a beneficial interest; or
3. Any successor trustee.
b. The term “trustee” shall not include an assignee or trustee for an insolvent debtor, nor an executor, administrator, administrator with will annexed, testamentary trustee, conservator, guardian or committee appointed by, under the control of, or accountable to, a court.
(12) “Unlawful debt” shall mean a debt incurred or contracted in an illegal gambling activity or business; or a debt which is unenforceable under state law, in whole or in part, as to either principal or interest.
