Michigan Criminal Code: Criminal Enterprises

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Prohibited conduct

Published: 9 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.159i Prohibited conduct. Sec. 159i.

(1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity. (2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real or personal property used or intended for use in the operation of an enterprise, directly or indirectly, through a pattern of racketeering activity. (3) A person who has knowingly received any proceeds derived directly or indirectly from a pattern of racketeering activity shall not directly or indirectly use or invest any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise. (4) A person shall not conspire or attempt to violate subsection (1), (2), or (3).

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

Simplified Explanation of Michigan Penal Code Section 750.159i

This section of the Michigan Penal Code outlines certain actions that are illegal due to their connection with racketeering activities.

  1. Conduct or Participation in Racketeering Activities: It's illegal for a person working with or for an organization (an "enterprise") to knowingly conduct or participate, directly or indirectly, in the organization's affairs through a series of racketeering activities.
  2. Acquiring or Controlling Enterprise or Property Through Racketeering: It's also illegal for a person to knowingly acquire or maintain an interest or control over an enterprise or property (real or personal), directly or indirectly, if it's used or intended to be used in the operation of the enterprise through a series of racketeering activities.
  3. Using Racketeering Proceeds for Establishing or Operating an Enterprise or Acquiring Property: If a person knowingly receives any proceeds (like money or other assets) that came directly or indirectly from a series of racketeering activities, it's illegal for that person to use or invest those proceeds or any proceeds derived from the use or investment of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise.
  4. Conspiracy or Attempt to Engage in Racketeering Activities: Lastly, it's illegal for a person to conspire (plan with others) or attempt to violate any of the above three provisions.

Remember, for all these crimes, the key element is that the person has to be acting "knowingly," meaning they are aware that their actions are involved in racketeering activities.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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