§ 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.
NYSentencing