28-1354 Terms, defined. - Nebraska Statutes

28-1354. Terms, defined.For purposes of the Public Protection Act:(1) Enterprise means any individual, sole proprietorship,partnership, corporation, trust, association, or any legal entity, union,or group of individuals associated in fact although not a legal entity, andshall include illicit as well as licit enterprises as well as other entities;(2) Pattern of racketeering activity means a cumulative lossfor one or more victims or gains for the enterprise of not less than one thousandfive hundred dollars resulting from at least two acts of racketeering activity,one of which occurred after August 30, 2009, and the last of which occurredwithin ten years, excluding any period of imprisonment, after the commissionof a prior act of racketeering activity;(3) Person means any individual or entity, as defined insection 21-2014, holding or capable of holding a legal, equitable, or beneficialinterest in property;(4) Prosecutor includes the Attorney General of the Stateof Nebraska, the deputy attorney general, assistant attorneys general, a countyattorney, a deputy county attorney, or any person so designated by the AttorneyGeneral, a county attorney, or a court of the state to carry out the powersconferred by the act;(5) Racketeering activity includes the commission of, criminalattempt to commit, conspiracy to commit, aiding and abetting in the commissionof, aiding in the consummation of, acting as an accessory to the commissionof, or the solicitation, coercion, or intimidation of another to commit oraid in the commission of any of the following:(a) Offenses against the person which include: Murder inthe first degree under section 28-303; murder in the second degree under section 28-304; manslaughter under section 28-305; assault in the first degree undersection 28-308; assault in the second degree under section 28-309; assaultin the third degree under section 28-310; terroristic threats under section 28-311.01; kidnapping under section 28-313; false imprisonment in the firstdegree under section 28-314; false imprisonment in the second degree undersection 28-315; sexual assault in the first degree under section 28-319; androbbery under section 28-324;(b) Offenses relating to controlled substances which include:To unlawfully manufacture, distribute, deliver, dispense, or possess withintent to manufacture, distribute, deliver, or dispense a controlled substanceunder subsection (1) of section 28-416; possession of marijuana weighing morethan one pound under subsection (12) of section 28-416; possession of moneyused or intended to be used to facilitate a violation of subsection (1) ofsection 28-416 prohibited under subsection (17) of section 28-416; any violationof section 28-418; to unlawfully manufacture, distribute, deliver, or possesswith intent to distribute or deliver an imitation controlled substance undersection 28-445; possession of anhydrous ammonia with the intent to manufacturemethamphetamine under section 28-451; and possession of ephedrine, pseudoephedrine,or phenylpropanolamine with the intent to manufacture methamphetamine undersection 28-452;(c) Offenses against property which include: Arson in thefirst degree under section 28-502; arson in the second degree under section 28-503; arson in the third degree under section 28-504; burglary under section 28-507; theft by unlawful taking or disposition under section 28-511; theftby shoplifting under section 28-511.01; theft by deception under section 28-512;theft by extortion under section 28-513; theft of services under section 28-515;theft by receiving stolen property under section 28-517; criminal mischiefunder section 28-519; and unlawfully depriving or obtaining property or servicesusing a computer under section 28-1344;(d) Offenses involving fraud which include: Burning to defraudan insurer under section 28-505; forgery in the first degree under section 28-602; forgery in the second degree under section 28-603; criminal possessionof a forged instrument under section 28-604; criminal possession of forgerydevices under section 28-605; criminal impersonation under section 28-638;identity theft under section 28-639; identity fraud under section 28-640;false statement or book entry under section 28-612; tampering with a publiclyexhibited contest under section 28-614; issuing a false financial statementfor purposes of obtaining a financial transaction device under section 28-619;unauthorized use of a financial transaction device under section 28-620; criminalpossession of a financial transaction device under section 28-621; unlawfulcirculation of a financial transaction device in the first degree under section 28-622; unlawful circulation of a financial transaction device in the seconddegree under section 28-623; criminal possession of a blank financial transactiondevice under section 28-624; criminal sale of a blank financial transactiondevice under section 28-625; criminal possession of a forgery device undersection 28-626; unlawful manufacture of a financial transaction device undersection 28-627; laundering of sales forms under section 28-628; unlawful acquisitionof sales form processing services under section 28-629; unlawful factoringof a financial transaction device under section 28-630; and fraudulent insuranceacts under section 28-631;(e) Offenses involving governmental operations which include:Abuse of public records under section 28-911; perjury or subornation of perjuryunder section 28-915; bribery under section 28-917; bribery of a witness undersection 28-918; tampering with a witness or informant or jury tampering undersection 28-919; bribery of a juror under section 28-920; assault on an officerin the first degree under section 28-929; assault on an officer in the seconddegree under section 28-930; assault on an officer in the third degree undersection 28-931; and assault on an officer using a motor vehicle under section 28-931.01;(f) Offenses involving gambling which include: Promotinggambling in the first degree under section 28-1102; possession of gamblingrecords under section 28-1105; gambling debt collection under section 28-1105.01;and possession of a gambling device under section 28-1107;(g) Offenses relating to firearms, weapons, and explosiveswhich include: Carrying a concealed weapon under section 28-1202; transportationor possession of machine guns, short rifles, or short shotguns under section 28-1203; unlawful possession of a handgun under section 28-1204;unlawful transfer of a firearm to a juvenile under section 28-1204.01; usinga deadly weapon to commit a felony orpossession of a deadly weapon during the commission of a felony undersection 28-1205; possession of a deadly weapon by a prohibited person under section 28-1206; possession of a defaced firearm under section 28-1207; defacing afirearm under section 28-1208; unlawful discharge of a firearm under section 28-1212.02; possession, receipt, retention, or disposition of a stolen firearmunder section 28-1212.03; unlawful possession of explosive materials in thefirst degree under section 28-1215; unlawful possession of explosive materialsin the second degree under section 28-1216; unlawful sale of explosives undersection 28-1217; use of explosives without a permit under section 28-1218;obtaining an explosives permit through false representations under section 28-1219; possession of a destructive device under section 28-1220; threateningthe use of explosives or placing a false bomb under section 28-1221; usingexplosives to commit a felony under section 28-1222; using explosives to damageor destroy property under section 28-1223; and using explosives to kill orinjure any person under section 28-1224;(h) Any violation of the Securities Act of Nebraska pursuantto section 8-1117;(i) Any violation of the Nebraska Revenue Act of 1967 pursuantto section 77-2713;(j) Offenses relating to public health and morals which include:Prostitution under section 28-801; pandering under section 28-802; keepinga place of prostitution under section 28-804; human trafficking or forcedlabor or services under section 28-831; a violation of section 28-1005; andany act relating to the visual depiction of sexually explicit conduct prohibitedin the Child Pornography Prevention Act; and(k) A violation of the Computer Crimes Act;(6) State means the State of Nebraska or any political subdivisionor any department, agency, or instrumentality thereof; and(7) Unlawful debt means a debt of at least one thousand fivehundred dollars:(a) Incurred or contracted in gambling activity which wasin violation of federal law or the law of the state or which is unenforceableunder state or federal law in whole or in part as to principal or interestbecause of the laws relating to usury; or(b) Which was incurred in connection with the business ofgambling in violation of federal law or the law of the state or the businessof lending money or a thing of value at a rate usurious under state law ifthe usurious rate is at least twice the enforceable rate. SourceLaws 2009, LB155, § 4; Laws 2010, LB771, § 13.Effective Date: July 15, 2010 Cross ReferencesChild Pornography Prevention Act, see section 28-1463.01.Computer Crimes Act, see section 28-1341.Nebraska Revenue Act of 1967, see section 77-2701.Securities Act of Nebraska, see section 8-1123.