26.7. RICO - Conduct Or Participation In An Enterprise Through A Pattern Of Racketeering Activity
This is a Florida Jury Instructions form that can be used for 26 Racketing within Criminal.
Last updated: 2/28/2006
26.7 RICO - CONDUCT OR PARTICIPATION IN AN ENTERPRISE THROUGH A PATTERN OF RACKETEERING ACTIVITY 895.03(3), Fla. Stat. To prove the crime of Unlawfully [Conducting] [Participating in] an Enterprise, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] was [employed by] [associated with] an enterprise. 2. [Name of defendant] [conducted] [participated in], directly or indirectly, such enterprise by engaging in at least two of the following incidents. [Read incidents alleged in information]. 3. Of those incidents in which [name of defendant] was engaged at least two of them had the same or similar [intents] [results] [accomplices] [victims] [methods of commission] or were interrelated by distinguishing characteristics and were not isolated incidents. NOTE TO JUDGE: Define the crimes alleged as incidents. Instruct as to the five-year limitation period if appropriate. See 895.02(4), Fla. Stat. 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.