Section 30-42-3 - Definitions. - New Mexico Statutes

30-42-3. Definitions.

As used in the Racketeering Act:

A.     "racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses:

(1)     murder, as provided in Section 30-2-1 NMSA 1978;

(2)     robbery, as provided in Section 30-16-2 NMSA 1978;

(3)     kidnapping, as provided in Section  30-4-1 NMSA 1978;

(4)     forgery, as provided in Section 30-16-10 NMSA 1978;

(5)     larceny, as provided in Section 30-16-1 NMSA 1978;

(6)     fraud, as provided in Section 30-16-6 NMSA 1978;

(7)     embezzlement, as provided in Section 30-16-8 NMSA 1978;

(8)     receiving stolen property, as provided in Section 30-16-11 NMSA 1978; 

(9)     bribery, as provided in Sections 30-24-1 through 30-24-3.1 NMSA 1978; 

(10)     gambling, as provided in Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978; 

(11)     illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978; 

(12)     extortion, as provided in Section 30-16-9 NMSA 1978;

(13)     trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978; 

(14)     arson and aggravated arson, as provided in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA 1978;

(15)     promoting prostitution, as provided in Section 30-9-4 NMSA 1978;

(16)     criminal solicitation, as provided in Section 30-28-3 NMSA 1978;

(17)     fraudulent securities practices, as provided in the New Mexico Securities Act of 1986 [58-13B-1 NMSA 1978];

(18)     loan sharking, as provided in Sections 30-43-1 through 30-43-5 NMSA 1978;

(19)     distribution of controlled substances or controlled substance analogues, as provided in Sections 30-31-21 and 30-31-22 NMSA 1978;

(20)     a violation of the provisions of Section 30-51-4 NMSA 1978;

(21)     unlawful taking of a vehicle or motor vehicle, as provided in Section 30-16D-1 NMSA 1978; 

(22)     embezzlement of a vehicle or motor vehicle, as provided in Section 30-16D-2 NMSA 1978; 

(23)     fraudulently obtaining a vehicle or motor vehicle, as provided in Section 30-16D-3 NMSA 1978;

(24)     receiving or transferring stolen vehicles or motor vehicles, as provided in Section 30-16D-4 NMSA 1978; and 

(25)     altering or changing the serial number, engine number, decal or other numbers or marks of a vehicle or motor vehicle, as provided in Section 30-16D-6 NMSA 1978;

B.     "person" means an individual or entity capable of holding a legal or beneficial interest in property;

C.     "enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit entities; and 

D.     "pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering.