26.5. RICO - Acquisition Or Maintenance Through 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
26.5 RICO - ACQUISITION OR MAINTENANCE THROUGH COLLECTION OF UNLAWFUL DEBT 895.03(2), Fla. Stat. To prove the crime of Unlawfully [Acquiring] [Maintaining] an Interest In or Control of [an Enterprise] [Real Property], the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] [acquired] [maintained], directly or indirectly, interest in or control of [an enterprise] [real property]. 2. [Name of defendant] did so through the knowing collection of an unlawful debt. Give in every case: "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: 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. 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.