(a) Any person whoengages in a continuing criminal enterprise shall be punished as a Class Hfelon and in addition shall be subject to the forfeiture prescribed in subsection(b) of this section.
(b) Any person who isconvicted under subsection (a) of this section of engaging in a continuingcriminal enterprise shall forfeit to the State of North Carolina:
(1) The profits obtainedby the person in the enterprise, and
(2) Any of the person'sinterest in, claim against, or property or contractual rights of any kindaffording a source of influence over, such enterprise.
(c) For purposes ofthis section, a person is engaged in a continuing criminal enterprise if:
(1) The person violatesany provision of this Chapter, the punishment of which is a felony; and
(2) The violation is apart of a continuing series of violations of this Chapter:
a. Which are undertakenby the person in concert with five or more other persons with respect to whomthe person occupies a position of organizer, a supervisory position, or anyother position of management; and
b. From which theperson obtains substantial income or resources. (1995, c. 378, s. 1.)
(a) Any person whoengages in a continuing criminal enterprise shall be punished as a Class Hfelon and in addition shall be subject to the forfeiture prescribed in subsection(b) of this section.
(b) Any person who isconvicted under subsection (a) of this section of engaging in a continuingcriminal enterprise shall forfeit to the State of North Carolina:
(1) The profits obtainedby the person in the enterprise, and
(2) Any of the person'sinterest in, claim against, or property or contractual rights of any kindaffording a source of influence over, such enterprise.
(c) For purposes ofthis section, a person is engaged in a continuing criminal enterprise if:
(1) The person violatesany provision of this Chapter, the punishment of which is a felony; and
(2) The violation is apart of a continuing series of violations of this Chapter:
a. Which are undertakenby the person in concert with five or more other persons with respect to whomthe person occupies a position of organizer, a supervisory position, or anyother position of management; and
b. From which theperson obtains substantial income or resources. (1995, c. 378, s. 1.)
(a) Any person whoengages in a continuing criminal enterprise shall be punished as a Class Hfelon and in addition shall be subject to the forfeiture prescribed in subsection(b) of this section.
(b) Any person who isconvicted under subsection (a) of this section of engaging in a continuingcriminal enterprise shall forfeit to the State of North Carolina:
(1) The profits obtainedby the person in the enterprise, and
(2) Any of the person'sinterest in, claim against, or property or contractual rights of any kindaffording a source of influence over, such enterprise.
(c) For purposes ofthis section, a person is engaged in a continuing criminal enterprise if:
(1) The person violatesany provision of this Chapter, the punishment of which is a felony; and
(2) The violation is apart of a continuing series of violations of this Chapter:
a. Which are undertakenby the person in concert with five or more other persons with respect to whomthe person occupies a position of organizer, a supervisory position, or anyother position of management; and
b. From which theperson obtains substantial income or resources. (1995, c. 378, s. 1.)
