§ 460.10 Definitions.
  The following definitions are applicable to this article.
  1.  "Criminal  act"  means conduct constituting any of the following
crimes, or conspiracy or  attempt  to  commit  any  of  the  following
felonies:

     (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
   120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
   labor trafficking; section 135.65 relating to coercion; sections 140.20,
   140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
   145.12 relating to criminal mischief; article one hundred fifty relating
   to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
   larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
   care  fraud;  article  one  hundred  sixty relating to robbery; sections
   165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
   stolen  property; sections 165.72 and 165.73 relating to trademark coun-
   terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
   170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
   210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
   176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
   to  criminal  diversion  of  prescription medications and prescriptions;
   sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
   200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
   215.00,  215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
   187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
   190.40 and 190.42 relating to criminal usury; section 190.65 relating to
   schemes  to  defraud; any felony defined in article four hundred ninety-
   six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
   sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
   section 215.40 relating to tampering with  physical  evidence;  sections
   220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
   220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
   substances; sections 225.10 and 225.20 relating  to  gambling;  sections
   230.25,  230.30,  and 230.32 relating to promoting prostitution; section
   230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
   trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
   relating to obscenity; sections 263.10 and 263.15 relating to  promoting
   a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
   265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
   constitute  a  felony  relating to firearms and other dangerous weapons;
   sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
   section  265.50  relating to the criminal manufacture, sale or transport
   of an undetectable firearm, rifle or shotgun;  section  275.10,  275.20,
   275.30,  or  275.40  relating  to  unauthorized recordings; and sections
   470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
(As amended by L.2019 c.134 effective 01/26/20.)

  (b)  Any  felony  set  forth elsewhere in the laws of this state and
defined by the tax law  relating  to  alcoholic  beverage,  cigarette,
gasoline  and  similar  motor  fuel  taxes;  title  seventy-one of the
environmental conservation law relating to water pollution,  hazardous
waste or substances hazardous or acutely hazardous to public health or
safety  of  the  environment;  article  twenty-three-a  of the general
business law relating to prohibited acts concerning stocks, bonds  and
other  securities  or  article  twenty-two of the general business law
concerning monopolies.
  2. "Enterprise" means either an enterprise as defined in subdivision
one of section 175.00  of  this  chapter  or  criminal  enterprise  as
defined in subdivision three of this section.
  3.  "Criminal  enterprise" means a group of persons sharing a common
purpose  of  engaging  in   criminal   conduct,   associated   in   an
ascertainable  structure distinct from a pattern of criminal activity,
and with a continuity of existence,  structure  and  criminal  purpose
beyond the scope of individual criminal incidents.
  4.  "Pattern  of  criminal  activity"  means  conduct  engaged in by
persons charged in an enterprise corruption count  constituting  three
or more criminal acts that:
  (a)  were  committed  within  ten  years  of the commencement of the
criminal action;
  (b) are neither isolated  incidents,  nor  so  closely  related  and
connected  in  point  of  time  or  circumstance  of  commission as to
constitute a criminal offense or criminal transaction, as those  terms
are defined in section 40.10 of the criminal procedure law; and
  (c)  are  either: (i) related to one another through a common scheme
or plan or (ii) were committed, solicited,  requested,  importuned  or
intentionally  aided  by  persons  acting  with the mental culpability
required for the commission thereof and  associated  with  or  in  the
criminal enterprise.