2023 New York Laws › PEN - Penal › Part 4 - Administrative Provisions › Title X - Organized Crime Control Act › Article 460 - Enterprise Corruption › 460.10 - Definitions.

§ 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
relating  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 counterfeiting; 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
(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;  article  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,  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.