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N.Y. Penal Law § 460.20

Enterprise corruption

Applied in 8 court decisions — leading case 33 F. Supp. 3d 192 - Brahms v. Carver (2014)

Most recently applied in 382 F. Supp. 3d 299 - United States v. Giovinco (June 2019)

2014-09-22

How often courts cite this section

2014201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 460.20 Enterprise corruption.\n 1. A person is guilty of enterprise corruption when, having knowledge\nof the existence of a criminal enterprise and the nature of its\nactivities, and being employed by or associated with such enterprise,\nhe:\n (a) intentionally conducts or participates in the affairs of an\nenterprise by participating in a pattern of criminal activity; or\n (b) intentionally acquires or maintains any interest in or control of\nan enterprise by participating in a pattern of criminal activity; or\n (c) participates in a pattern of criminal activity and knowingly\ninvests any proceeds derived from that conduct, or any proceeds derived\nfrom the investment or use of those proceeds, in an enterprise.\n 2. For purposes of this section, a person participates in a pattern of\ncriminal activity when, with intent to participate in or advance the\naffairs of the criminal enterprise, he engages in conduct constituting,\nor, is criminally liable for pursuant to section 20.00 of this chapter,\nat least three of the criminal acts included in the pattern, provided\nthat:\n (a) Two of his acts are felonies other than conspiracy;\n (b) Two of his acts, one of which is a felony, occurred within five\nyears of the commencement of the criminal action; and\n (c) Each of his acts occurred within three years of a prior act.\n 3. For purposes of this section, the enterprise corrupted in violation\nof subdivision one of this section need not be the criminal enterprise\nby which the person is employed or with which he is associated, and may\nbe a legitimate enterprise.\n Enterprise corruption is a class B felony.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.