US-CA10 · jury_instructions
10th Cir. Crim. Pattern Jury Instr. 2.74.4
RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS ACT—“SECTION A”
Second Element—Effect on Interstate Commerce
The second element the government must prove beyond a
reasonable doubt is that the enterprise was engaged in or had an
effect upon interstate (or foreign) commerce.
Interstate commerce includes the movement of goods,
services, money and individuals between states (or between states
and the District of Columbia or a U.S. Territory or possession or
between the United States and a foreign state or nation).
The government must prove that the enterprise engaged in
interstate commerce or that its activities affected interstate
commerce in any way, no matter how minimal. It is not necessary
to prove that the acts of any particular defendant affected
interstate commerce as long as the acts of the enterprise had such
effect. Finally, the government is not required to prove that any
defendant knew he was affecting interstate commerce.
Provenance
- Source
- ca10.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
8c3028890ca7982b39aef2db1e7c794879bebeace61c81f8a194c903f3d880d8
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