(1) Any person who engages in a continuing criminal enterprise is guilty of a Class E felony.
(2) In this section a person is considered to be engaged in a continuing criminal enterprise, if he or she engages in a prohibited activity under s. 946.83, and:
(a) The activity is undertaken by the person in concert with 5 or more other persons, each of whom acted with intent to commit a crime and with respect to whom the person occupies a supervisory position; and (b) The person obtains gross income or resources in excess of $25,000 from the activity.