Wis JI-Criminal 1881

Statutory Definition of the Crime

Engaging in racketeering activity, as defined by § 946.83(1) of the Criminal Code of

Wisconsin, is committed by one who has received any proceeds with knowledge that they

were derived, directly or indirectly, from a pattern of racketeering activity and uses or

invests them directly or indirectly, to establish or operate an enterprise. 1

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant received proceeds that were derived from a pattern of racketeering

activity.

"Pattern of racketeering activity" means that at least three interrelated

felonies occurred within a seven-year period and that these felonies amounted to,

or posed a threat of, continued criminal activity. 2

Felonies are "interrelated" if they have the same or similar intents, results,

accomplices, victims or methods of commission, or share other distinguishing

characteristics. 3

Felonies amount to or show a threat of continued criminal activity if they

have been or will be a part of a regular way of doing business. 4

In this case, it is alleged that the proceeds were derived, directly or

indirectly, from the following felonies: (name the felonies - at least three - they

must be listed in sec. 946.82(4)). Each of the felonies will be defined at the end

of this instruction.

2. The defendant knew that the proceeds were derived from a pattern of

racketeering activity.

3. The defendant used any of the proceeds to (establish) (operate) (name of alleged

enterprise). 5

4. (Name of alleged enterprise) was an enterprise.

Meaning of "Enterprise"

"Enterprise" means any [(sole proprietorship) (partnership) (corporation) (business

trust) (union) organized under the laws of this state] [(legal entity) (union) not organized

under the laws of this state] [association or group of individuals associated in fact

although not a legal entity]. 6

In this case, it is alleged that the proceeds were derived, directly or indirectly, from

the following felonies: (name the felonies - at least three - they must be listed in sec.

946.82(4)).

[DEFINE THE ELEMENTS OF EACH OF THE CRIMES.] 7

Before you may return a verdict of guilty, all 12 jurors must be satisfied beyond a

reasonable doubt that the defendant committed at least three predicate felonies as charged

in the information. All 12 jurors must also be satisfied beyond a reasonable doubt that

the defendant committed the same three predicate felonies. 8

Deciding About Knowledge

You cannot look into a person's mind to find knowledge. Knowledge must be found,

if found at all, from the defendant's acts, words, and statements, if any, and from all the

facts and circumstances in this case bearing upon knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all four elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.