Wis JI-Criminal 1883

Statutory Definition of the Crime

Engaging in racketeering activity, as defined by § 946.83(3) of the Criminal Code of

Wisconsin, is committed by one who is employed by or associated with an enterprise and

who, directly or indirectly, conducts or participates in the enterprise through a pattern of

racketeering activity.

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 three elements

were present.

Elements of the Crime That the State Must Prove

1. (Name of the alleged enterprise) 1 was an 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]. 2

2. The defendant was (employed by) (associated with) 3 (name of the alleged

enterprise).

3. The defendant, directly or indirectly, (conducted) (participated in) (name of the

alleged enterprise) through 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. 4

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

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

characteristics. 5

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

have been or will be part of a regular way of doing business. 6

In this case, it is alleged that the defendant (conducted) (participated in) an enterprise

through the following three felonies: (name the felonies - at least three - they must be

listed in sec. 946.82(4)).

[DEFINE THE ELEMENTS OF EACH CRIME.] 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

Jury's Decision

If you are satisfied beyond a reasonable doubt that all three 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.