Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 43 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ACT (RICO) › Section 97-43-3 - Definitions

The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:
(a)
"Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit any crime which is chargeable under the following provisions of the Mississippi Code of 1972:
(1)
Section
97-19-71
, which relates to fraud in connection with any state or federally funded assistance programs.
(2)
Section
75-71-735
, which relates to violations of the Mississippi Securities Act.
(3)
Sections
45-13-105
,
45-13-109
,
97-37-23
and
97-37-25
, which relate to unlawful possession, use and transportation of explosives.
(4)
Sections
97-3-19
and
97-3-21
, which relate to murder.
(5)
Section
97-3-7(2)
, which relates to aggravated assaults.
(6)
Section
97-3-53
, which relates to kidnapping.
(7)
Sections
97-3-73
through
97-3-83
, which relate to robbery.
(8)
Sections
97-17-23
through
97-17-37
, which relate to burglary.
(9)
Sections
97-17-1
through
97-17-13
, which relate to arson.
(10)
Sections
97-29-49
and
97-29-51
, which relate to prostitution.
(11)
Sections
97-5-5
and
97-5-31
through
97-5-37
, which relate to the exploitation of children and enticing children for concealment, prostitution or marriage.
(12)
Section
41-29-139
, which relates to violations of the Uniform Controlled Substances Law; provided, however, that in order to be classified as "racketeering activity," such offense must be punishable by imprisonment for more than one (1) year.
(13)
Sections
97-21-1
through
97-21-63
, which relate to forgery and counterfeiting.
(14)
Sections
97-9-1
through
97-9-77
, which relate to offenses affecting administration of justice.
(15)
Sections
97-33-1
through
97-33-49
, which relate to gambling and lotteries.
(16)
Section
97-3-54
et seq., which relate to human trafficking.
(b)
"Unlawful debt" means money or any other thing of value constituting principal or interest of a debt which is legally unenforceable, in whole or in part, because the debt was incurred or contracted in gambling activity in violation of state law or in the business of lending money at a rate usurious under state law, where the usurious rate is at least twice the enforceable rate.
(c)
"Enterprise" means any individual, sole proprietorship, partnership, corporation, union or other legal entity, or any association or group of individuals associated in fact although not a legal entity. It includes illicit as well as licit enterprises and governmental, as well as other, entities.
(d)
"Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one (1) of such incidents occurred after July 1, 1984 and that the last of such incidents occurred within five (5) years after a prior incident of racketeering conduct.
Laws, 1984, ch. 433, § 2; Laws, 1985, ch. 321; reenacted, Laws, 1986, ch. 461, § 2, eff. 4/11/1986.
Amended by Laws, 2013, ch. 543, HB 673, 13, eff. 7/1/2013.