THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.159f Definitions generally. Sec. 159f.

As used in this chapter: (a) "Enterprise" includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. Enterprise includes illicit as well as licit enterprises. (b) "Instrumentality" means an interest, real or personal property, or other thing of value, the use of which contributes directly and materially to the commission of an offense included in the definition of racketeering. (c) "Pattern of racketeering activity" means not less than 2 incidents of racketeering to which all of the following characteristics apply: (i) The incidents have the same or a substantially similar purpose, result, participant, victim, or method of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated acts. (ii) The incidents amount to or pose a threat of continued criminal activity. (iii) At least 1 of the incidents occurred within this state on or after the effective date of the amendatory act that added this section, and the last of the incidents occurred within 10 years after the commission of any prior incident, excluding any period of imprisonment served by a person engaging in the racketeering activity. (d) "Person" means an individual, sole proprietorship, partnership, cooperative, association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal or illegal entity. (e) "Proceeds" means any real, personal, or intangible property obtained through the commission of an offense included in the definition of racketeering, including any appreciation in the value of the property. (f) "Prosecuting agency" means the attorney general of this state, or his or her designee, or the prosecuting attorney of a county, or his or her designee.

History: Add. 1995, Act 187, Eff. Apr. 1, 1996

Simplified Explanation of Michigan Penal Code Section 750.159f

This section of the Michigan Penal Code provides definitions for certain terms used in this chapter. Here's what they mean in simpler terms:

• "Enterprise" refers to any individual or type of organization or group, legal or not. This can include businesses of all sizes, unions, associations, governments, and even illegal operations.
• "Instrumentality" is something valuable that's used to help commit a racketeering offense. This could be anything from a piece of property to a financial asset.
• "Pattern of racketeering activity" means at least two instances of racketeering that share key characteristics, like the people involved, the outcome, or the method used. These incidents can't be isolated, and they must show or suggest ongoing criminal activity. At least one of the incidents must have happened in Michigan after this law was updated, and the most recent incident must have happened within 10 years of any previous incident (unless the person was in prison during that time).
• "Person" can refer to an individual or any kind of legal or illegal entity, such as a small business, a partnership, a corporation, or a limited liability company.
• "Proceeds" refers to anything of value that was obtained through racketeering. This can include any type of property, even if its value has gone up over time.
• "Prosecuting agency" refers to the legal authority responsible for prosecuting these cases. This could be the attorney general of Michigan or a designated representative, or the prosecuting attorney of a county or their representative.