State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_75D > GS_75D-3

§75D‑3.  Definitions.

As used in this Chapter, theterm:

(a)        "Enterprise"means any person, sole proprietorship, partnership, corporation, businesstrust, union chartered under the laws of this State, or other legal entity; orany unchartered union, association, or group of individuals associated in factalthough not a legal entity; and it includes illicit as well as licitenterprises and governmental as well as other entities.

(b)        "Pattern ofracketeering activity" means engaging in at least two incidents ofracketeering activity that have the same or similar purposes, results,accomplices, victims, or methods of commission or otherwise are interrelated bydistinguishing characteristics and are not isolated and unrelated incidents,provided at least one of such incidents occurred after October 1, 1986, andthat at least one other of such incidents occurred within a four‑yearperiod of time of the other, excluding any periods of imprisonment, after thecommission of a prior incident of racketeering activity.

(c)        (1)        "Racketeeringactivity" means to commit, to attempt to commit, or to solicit, coerce, orintimidate another person to commit an act or acts which would be chargeable byindictment if such act or acts were accompanied by the necessary mens rea or criminalintent under the following laws of this State:

a.         Article 5 of Chapter90 of the General Statutes of North Carolina relating to controlled substancesand counterfeit controlled substances;

b.         Chapter 14 of theGeneral Statutes of North Carolina except Articles 9, 22A, 38, 40, 43, 46, 47,59 thereof; and further excepting G.S. Sections 14‑78.1, 14‑82, 14‑86,14‑145, 14‑146, 14‑147, 14‑177, 14‑178, 14‑179,14‑183, 14‑184, 14‑186, 14‑190.9, 14‑195, 14‑197,14‑201, 14‑202, 14‑247, 14‑248, 14‑313 thereof.

c.         Any conduct involvedin a "money laundering" activity; and

(2)        "Racketeeringactivity" also includes the description in Title 18, United States Code,Section 1961(1).

(d)        "Documentarymaterial" means any book, paper, document, writing, drawing, graph, chart,photograph, phonocord, magnetic tape, computer printout, other data compilationfrom which information can be obtained or from which information can betranslated into useable form, or other tangible item.

(e)        "RICO liennotice" means the notice described in G.S. 75D‑13.

(f)         "AttorneyGeneral" means the Attorney General of North Carolina or any employee ofthe Department of Justice designated by him in writing. Any district attorneyof this State, with his consent, may be designated in writing by the AttorneyGeneral to enforce the provisions of this Chapter.

(g)        (1)        "Beneficialinterest" means either of the following:

a.         The interest of aperson as a beneficiary under any other trust arrangement pursuant to which atrustee holds legal or record title to real property for the benefit of suchperson; or

b.         The interest of aperson under any other form of express fiduciary arrangement pursuant to whichany other person holds legal or record title to real property for the benefitof such person.

(2)        "Beneficialinterest" does not include the interest of a stockholder in a corporationor the interest of a partner in either a general partnership or limitedpartnership. A beneficial interest shall be deemed to be located where the realproperty owned by the trustee is located.

(h)        "Realproperty" means any real property situated in this State or any interestin such real property, including, but not limited to, any lease of or mortgageupon such real property.

(i)         (1)        "Trustee"means either of the following:

a.         Any person who holdslegal or record title to real property for which any other person has abeneficial interest; or

b.         Any successortrustee or trustees to any of the foregoing persons.

(2)        "Trustee"does not include the following:

a.         Any person appointedor acting as a personal representative under Chapter 35A of the GeneralStatutes relating to guardian and ward, or under Chapter 28A of the GeneralStatutes relating to the administration of estates; or

b.         Any person appointedor acting as a trustee of any testamentary trust or as trustee of any indentureof trust under which any bonds are to be issued.

(j)         "Criminalproceeding" means any criminal action commenced by the State for aviolation of any provision of those criminal laws referred to in G.S. 75D‑3(c).

(k)        "Civilproceeding" means any civil proceeding commenced by the Attorney Generalor an injured person under any provision of this Chapter. (1985(Reg. Sess., 1986), c. 999, s. 1; 1987, c. 550, s. 22; 1989, c. 489, s. 1.)