Section 750.159f - Definitions generally. - Michigan Statutes

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.159f Definitions generally.

Sec. 159f.

As used in this chapter:

(a) “Enterprise” includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. Enterprise includes illicit as well as licit enterprises.

(b) “Instrumentality” means an interest, real or personal property, or other thing of value, the use of which contributes directly and materially to the commission of an offense included in the definition of racketeering.

(c) “Pattern of racketeering activity” means not less than 2 incidents of racketeering to which all of the following characteristics apply:

(i) The incidents have the same or a substantially similar purpose, result, participant, victim, or method of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated acts.

(ii) The incidents amount to or pose a threat of continued criminal activity.

(iii) At least 1 of the incidents occurred within this state on or after the effective date of the amendatory act that added this section, and the last of the incidents occurred within 10 years after the commission of any prior incident, excluding any period of imprisonment served by a person engaging in the racketeering activity.

(d) “Person” means an individual, sole proprietorship, partnership, cooperative, association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal or illegal entity.

(e) “Proceeds” means any real, personal, or intangible property obtained through the commission of an offense included in the definition of racketeering, including any appreciation in the value of the property.

(f) “Prosecuting agency” means the attorney general of this state, or his or her designee, or the prosecuting attorney of a county, or his or her designee.

History: Add. 1995, Act 187, Eff. Apr. 1, 1996