2005 Idaho Code - 18-7804 — PROHIBITED ACTIVITIES -- PENALTIES

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 78
                               RACKETEERING ACT
    18-7804.  PROHIBITED ACTIVITIES -- PENALTIES. (a) It is unlawful for any
person who has received any proceeds derived directly or indirectly from a
pattern of racketeering activity in which the person has participated, to use
or invest, directly or indirectly, any part of the proceeds or the proceeds
derived from the investment or use thereof in the acquisition of any interest
in, or the establishment or operation of, any enterprise or real property.
Whoever violates this subsection is guilty of a felony.
    (b)  It is unlawful for any person to engage in a pattern of racketeering
activity in order to acquire or maintain, directly or indirectly, any interest
in or control of any enterprise or real property. Whoever violates this
subsection is guilty of a felony.
    (c)  It is unlawful for any person employed by or associated with any
enterprise to conduct or participate, directly or indirectly, in the conduct
of the affairs of such enterprise by engaging in a pattern of racketeering
activity. Whoever violates the provisions of this subsection is guilty of a
felony.
    (d)  It is unlawful for any person to conspire to violate any of the
provisions of subsections (a) through (c) of this section. Whoever violates
the provisions of this subsection is guilty of a felony.
    (e)  Whoever violates the provisions of this act is punishable by a fine
not to exceed twenty-five thousand dollars ($25,000) and/or imprisonment not
to exceed a term of fourteen (14) years in the Idaho state penitentiary.
    (f)  Upon a conviction of a violation under the provisions of this
chapter, the court may order restitution for all costs and expenses of
prosecution and investigation, pursuant to the terms and conditions set forth
in section 37-2732(k), Idaho Code.
    (g)  In addition to any other penalties prescribed by law, whoever
violates any provisions of this act shall forfeit to the state of Idaho:
    (1)  Any interest acquired or maintained in violation of the racketeering
    act; and
    (2)  Any interest in, security of, claim against or property or
    contractual right of any kind affording a source of influence over any
    enterprise which he has established, operated, controlled, conducted or
    participated in the conduct of in violation of the provisions of the
    racketeering act.
    (h)  In any action brought by the state under the racketeering act, the
district court shall have jurisdiction to enter such restraining orders or
prohibitions, or to take such other actions, including, but not limited to,
the acceptance of satisfactory performance bonds, in connection with any
property or other interest subject to forfeiture under the provisions of this
section, as it shall deem proper.
    (i)  Upon conviction of a person under the provisions of this section, the
court shall authorize the attorney general or the proper prosecuting attorney
to seize all property or other interest declared forfeited under the
provisions of this section upon such terms and conditions as the court shall
deem proper, making due provision for the rights of innocent persons. If a
property right or other interest is not exercisable or transferable for value
by the convicted person, it shall expire and shall not revert to the convicted
person.