26.3. RICO - Use Or Investment Of Proceeds From Collection Of Unlawful Debt
This is a Florida Jury Instructions form that can be used for 26 Racketing within Criminal.
Last updated: 2/28/2006
26.3 RICO - USE OR INVESTMENT OF PROCEEDS FROM COLLECTION OF UNLAWFUL DEBT 895.03(1), Fla. Stat. To prove the crime of Unlawful Use or Investment of Proceeds from Collection of Unlawful Debt, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] with criminal intent received proceeds which were derived directly or indirectly through the collection of an unlawful debt. 2. [Name of defendant] [used] [invested] some of these proceeds [or proceeds derived from the investment or use thereof] either directly or indirectlyn acquiring some right, title, equity or interest in real property] [in establishing or operating an enterprise]. Give in every case: "Receiving proceeds with criminal intent" means that the defendant, at the time the defendant received the proceeds, either knew the source of the proceeds or the defendants suspicions were aroused but the defendant deliberately failed to make further inquiry as to the source of the proceeds. 895.02(2), Fla. Stat. "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in Florida in whole or in part because the debt was incurred or contracted in violation of the following law: recite applicable [recite applicable . Give as applicable 895.02(9), Fla. Stat. "Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property. Give as applicable: An "enterprise" is an ongoing organization, formal or informal, that functions both as a continuing unit and has a common purpose of engaging in a course of conduct.