Proposed Mississippi Plain Language Model Jury Instructions - Criminal 4806

[Name of defendant] is charged in count ___ with racketeering.

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in __________ County;

2A. [Name of defendant] was employed by [name of enterprise];

OR

2B. [Name of defendant] was associated with [name of enterprise]; and

3A. [Name of defendant] unlawfully [conducted/participated] in [name of enterprise] through a

pattern of racketeering activity;

OR

3B. [Name of defendant] unlawfully [conducted/participated] in [name of enterprise] through the

collection of an unlawful debt; and

4. The pattern of racketeering activity included at least two (2) [incidents/acts] of racketeering

conduct, occurring within five (5) years of each other,

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty of count _____.

Definition(s) in this Instruction:

In this instruction, “racketeering activity” means committing, attempting to commit,

agreeing to commit or asking or intimidating another person to commit (1) fraud; (2) a violation

of the Mississippi Securities Act; (3) unlawful possession, use, and transportation of explosives;

(4) murder; (5) aggravated assault; (6) kidnapping; (7) robbery; (8) burglary; (9) arson; (10)

prostitution; (11) exploitation of children; (12) a violation of the Uniform Controlled Substances

Law, which is punishable by more than one (1) year in prison; (13) forgery and counterfeiting;

(14) an offense affecting the administration of justice; or (15) offenses relating to gambling and

lotteries.

In this instruction, “unlawful debt” means money or something of value, which is

principal or interest of an illegal debt, which is unenforceable because it was a result of illegal

gambling, or because it came from lending money at an illegal rate, which is at least twice the

legal lending rate.

In this instruction, “enterprise” means an individual, sole proprietorship, partnership,

corporation, union, other organization, association, or group of individuals, who are associated

with one another. “Enterprise” includes legal as well as illegal organizations.

In this instruction, “pattern of racketeering activity” means committing at least two (2)

acts of racketeering conduct that have the same or similar characteristics or are related to one

another. The last racketeering activity must have occurred within five (5) years after a previous

racketeering activity.