Title 76 - Utah Criminal Code - Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals - Part 16 - Pattern of Unlawful Activity Act - Section 1602 - Definitions.

Published: 2019-05-14

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Effective 5/14/2019 76-10-1602 Definitions.

As used in this part: (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business

trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities.

(2) "Pattern of unlawful activity" means engaging in conduct which constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall demonstrate continuing unlawful conduct and be related either to each other or to the enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful activity as defined by this part shall have occurred within five years of the commission of the next preceding act alleged as part of the pattern.

(3) "Person" includes any individual or entity capable of holding a legal or beneficial interest in property, including state, county, and local governmental entities.

(4) "Unlawful activity" means to directly engage in conduct or to solicit, request, command, encourage, or intentionally aid another person to engage in conduct which would constitute any offense described by the following crimes or categories of crimes, or to attempt or conspire to engage in an act which would constitute any of those offenses, regardless of whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony:

(a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized Recording Practices Act;

(b) any act prohibited by the criminal provisions of Title 19, Environmental Quality Code, Sections 19-1-101 through 19-7-109;

(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources Code of Utah, or Section 23-20-4;

(d) false claims for medical benefits, kickbacks, and any other act prohibited by Title 26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12;

(e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal Offenses and Procedure Act;

(f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;

(g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d, Clandestine Drug Lab Act;

(h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform Securities Act;

(i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah Procurement Code;

(j) assault or aggravated assault, Sections 76-5-102 and 76-5-103; (k) a threat of terrorism, Section 76-5-107.3; (l) criminal homicide, Sections 76-5-201, 76-5-202, and 76-5-203; (m) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;

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(n) human trafficking, human trafficking of a child, human smuggling, or aggravated human trafficking, Sections 76-5-308, 76-5-308.5, 76-5-309, and 76-5-310;

(o) sexual exploitation of a minor, Section 76-5b-201; (p) arson or aggravated arson, Sections 76-6-102 and 76-6-103; (q) causing a catastrophe, Section 76-6-105; (r) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203; (s) burglary of a vehicle, Section 76-6-204; (t) manufacture or possession of an instrument for burglary or theft, Section 76-6-205; (u) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302; (v) theft, Section 76-6-404; (w) theft by deception, Section 76-6-405; (x) theft by extortion, Section 76-6-406; (y) receiving stolen property, Section 76-6-408; (z) theft of services, Section 76-6-409; (aa) forgery, Section 76-6-501; (bb) fraudulent use of a credit card, Sections 76-6-506.2, 76-6-506.3, 76-6-506.5, and

76-6-506.6; (cc) deceptive business practices, Section 76-6-507; (dd) bribery or receiving bribe by person in the business of selection, appraisal, or criticism of

goods, Section 76-6-508; (ee) bribery of a labor official, Section 76-6-509; (ff) defrauding creditors, Section 76-6-511; (gg) acceptance of deposit by insolvent financial institution, Section 76-6-512; (hh) unlawful dealing with property by fiduciary, Section 76-6-513; (ii) bribery or threat to influence contest, Section 76-6-514; (jj) making a false credit report, Section 76-6-517; (kk) criminal simulation, Section 76-6-518; (ll) criminal usury, Section 76-6-520; (mm) fraudulent insurance act, Section 76-6-521; (nn) retail theft, Section 76-6-602; (oo) computer crimes, Section 76-6-703; (pp) identity fraud, Section 76-6-1102; (qq) mortgage fraud, Section 76-6-1203; (rr) sale of a child, Section 76-7-203; (ss) bribery to influence official or political actions, Section 76-8-103; (tt) threats to influence official or political action, Section 76-8-104; (uu) receiving bribe or bribery by public servant, Section 76-8-105; (vv) receiving bribe or bribery for endorsement of person as public servant, Section 76-8-106; (ww) official misconduct, Sections 76-8-201 and 76-8-202; (xx) obstruction of justice, Section 76-8-306; (yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308; (zz) false or inconsistent material statements, Section 76-8-502; (aaa) false or inconsistent statements, Section 76-8-503; (bbb) written false statements, Section 76-8-504; (ccc) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508; (ddd) retaliation against a witness, victim, or informant, Section 76-8-508.3; (eee) extortion or bribery to dismiss criminal proceeding, Section 76-8-509; (fff) tampering with evidence, Section 76-8-510.5;

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(ggg) falsification or alteration of government record, Section 76-8-511, if the record is a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist Disclosure and Regulation Act;

(hhh) public assistance fraud in violation of Section 76-8-1203, 76-8-1204, or 76-8-1205; (iii) unemployment insurance fraud, Section 76-8-1301; (jjj) intentionally or knowingly causing one animal to fight with another, Subsection 76-9-301(2)(d)

or (e), or Section 76-9-301.1; (kkk) possession, use, or removal of explosives, chemical, or incendiary devices or parts, Section

76-10-306; (lll) delivery to common carrier, mailing, or placement on premises of an incendiary device,

Section 76-10-307; (mmm) possession of a deadly weapon with intent to assault, Section 76-10-507; (nnn) unlawful marking of pistol or revolver, Section 76-10-521; (ooo) alteration of number or mark on pistol or revolver, Section 76-10-522; (ppp) forging or counterfeiting trademarks, trade name, or trade device, Section 76-10-1002; (qqq) selling goods under counterfeited trademark, trade name, or trade devices, Section

76-10-1003; (rrr) sales in containers bearing registered trademark of substituted articles, Section 76-10-1004; (sss) selling or dealing with article bearing registered trademark or service mark with intent to

defraud, Section 76-10-1006; (ttt) gambling, Section 76-10-1102; (uuu) gambling fraud, Section 76-10-1103; (vvv) gambling promotion, Section 76-10-1104; (www) possessing a gambling device or record, Section 76-10-1105; (xxx) confidence game, Section 76-10-1109; (yyy) distributing pornographic material, Section 76-10-1204; (zzz) inducing acceptance of pornographic material, Section 76-10-1205; (aaaa) dealing in harmful material to a minor, Section 76-10-1206; (bbbb) distribution of pornographic films, Section 76-10-1222; (cccc) indecent public displays, Section 76-10-1228; (dddd) prostitution, Section 76-10-1302; (eeee) aiding prostitution, Section 76-10-1304; (ffff) exploiting prostitution, Section 76-10-1305; (gggg) aggravated exploitation of prostitution, Section 76-10-1306; (hhhh) communications fraud, Section 76-10-1801; (iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and Currency

Transaction Reporting Act; (jjjj) vehicle compartment for contraband, Section 76-10-2801; (kkkk) any act prohibited by the criminal provisions of the laws governing taxation in this state;

and (llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C. Sec. 1961(1)

(B), (C), and (D).

Amended by Chapter 200, 2019 General Session Amended by Chapter 363, 2019 General Session