ORS 166.720
Racketeering activity unlawful

  • penalties

(1)

It is unlawful for any person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest or equity in, real property or in the establishment or operation of any enterprise.

(2)

It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any real property or enterprise.

(3)

It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.

(4)

It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (1), (2) or (3) of this section.

(5)

Intentionally left blank —Ed.

(a)

Any person convicted of engaging in activity in violation of the provisions of subsections (1) to (4) of this section is guilty of a Class A felony.

(b)

In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of subsections (1) to (4) of this section, through which the person derived a pecuniary value, or by which the person caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

(c)

The court shall hold a hearing to determine the amount of the fine authorized by paragraph (b) of this subsection.

(d)

For the purposes of paragraph (b) of this subsection, “pecuniary value” means:

(A)

Anything of value in the form of money, a negotiable instrument, a commercial interest or anything else the primary significance of which is economic advantage; or

(B)

Any other property or service that has a value in excess of $100.

(6)

An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following:

(a)

A statement of the acts constituting each incident of racketeering activity in ordinary and concise language, and in a manner that enables a person of common understanding to know what is intended;

(b)

A statement of the relation to each incident of racketeering activity that the conduct was committed on or about a designated date, or during a designated period of time;

(c)

A statement, in the language of ORS 166.715 (Definitions for ORS 166.715 to 166.735) (4) or other ordinary and concise language, designating which distinguishing characteristic or characteristics interrelate the incidents of racketeering activity; and

(d)

A statement that the incidents alleged were not isolated. [1981 c.769 §§3,4; 1997 c.789 §2]

Source: Section 166.720 — Racketeering activity unlawful; penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html.

Notes of Decisions

To withstand demurrer on ground of lack of specificity, indictment under RICO Act must particularly describe underlying predicate offenses. State v. Kincaid, 78 Or App 23, 714 P2d 624 (1986)

Conviction for racketeering and convictions for predicate offenses do not merge even though based on same conduct. State v. Blossom, 88 Or App 75, 744 P2d 281 (1987), Sup Ct review denied; State v. Wallock/Hara, 110 Or App 109, 821 P2d 435 (1991), Sup Ct review denied; State v. Gleason, 141 Or App 485, 919 P2d 1184 (1996), Sup Ct review denied

Where alleged predicate acts of mail and wire fraud did not satisfy “pattern of racketeering activity” requirement for federal action under Racketeer Influenced and Corrupt Organizations Act (RICO), defendants’ motions for summary judgment were granted and pendant state claims dismissed. Casablanca Productions v. Pace Intern. Research, 697 F Supp 1563 (D. Or. 1988)

To show individual is “enterprise,” more evidence is required than merely of individual committing multiple crimes with others and some connection between individual and organization must be contemplated. State v. Cheek, 100 Or App 501, 786 P2d 1305 (1990), Sup Ct review denied

Plaintiff is not required to establish “continuity,” of predicate acts over extended period or threat of future racketeering activity, in proceeding under this section. Computer Concepts, Inc. v. Brandt, 310 Or 706, 801 P2d 800 (1990)

To establish ORICO claim, plaintiff must allege and prove that plaintiff was injured by defendant’s use or investment of income derived from racketeering, rather than predicate acts of racketeering. Beckett v. Computer Career Institute, Inc., 120 Or App 143, 852 P2d 840 (1993)

Stockholder lacks standing to assert claims for harm derivative of harm to corporation. Loewen v. Galligan, 130 Or App 222, 882 P2d 104 (1994)

Exclusive administrative remedy to resolve disputes over amount of submitted billings did not preclude claim alleging that submitted billings were pattern of fraudulent behavior. SAIF v. Anderson/DeShaw, 321 Or 139, 894 P2d 1152 (1995)

Entity can be “enterprise” without sharing common purpose with defendant of engaging in criminal activity. State v. Gleason, 141 Or App 485, 919 P2d 1184 (1996), Sup Ct review denied

Where indictment for racketeering states particular circumstances of enterprise and of each predicate offense, statutory wording is sufficient statement of nexus between predicate offenses. State v. Fair, 326 Or 485, 953 P2d 383 (1998)

Terms “associated with” and “participate” are not unconstitutionally vague given context provided by other statutory terms. State v. Harris, 159 Or App 553, 980 P2d 1132 (1999), Sup Ct review denied

Requirement that indictment under ORICO Act must particularly describe underlying predicate offenses applies to both completed and inchoate ORICO crimes. State v. Stout, 281 Or App 263, 382 P3d 591 (2016), aff’d 362 Or 758, 415 P3d 567 (2018)

166.005
Treason
166.015
Riot
166.023
Disorderly conduct in the first degree
166.025
Disorderly conduct in the second degree
166.065
Harassment
166.070
Aggravated harassment
166.075
Abuse of venerated objects
166.076
Abuse of a memorial to the dead
166.085
Abuse of corpse in the second degree
166.087
Abuse of corpse in the first degree
166.090
Telephonic harassment
166.095
Misconduct with emergency telephone calls
166.116
Interfering with public transportation
166.155
Bias crime in the second degree
166.165
Bias crime in the first degree
166.167
Community service as sentence for bias crime
166.170
State preemption
166.171
Authority of county to regulate discharge of firearms
166.172
Authority of city to regulate discharge of firearms
166.173
Authority of city or county to regulate possession of loaded firearms in public places
166.174
Authority of city, county, municipal corporation or district to regulate possession or sale of firearms
166.175
Authority of city to regulate purchase of used firearms
166.176
Exception to preemption for certain county ordinances
166.180
Negligently wounding another
166.190
Pointing firearm at another
166.210
Definitions
166.220
Unlawful use of weapon
166.240
Carrying of concealed weapons
166.250
Unlawful possession of firearms
166.255
Possession of firearm or ammunition by certain persons prohibited
166.256
Relinquishment of firearm upon person becoming subject to certain court orders
166.257
Return of relinquished firearm
166.259
Relinquishment of firearm upon conviction of certain offenses
166.260
Persons not affected by ORS 166.250
166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
166.263
Authority of parole and probation officer to carry firearm
166.270
Possession of weapons by certain felons
166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
166.273
Relief from firearm prohibitions related to mental health
166.274
Relief from prohibition against possessing or receiving firearm
166.275
Possession of weapons by inmates of institutions
166.279
Forfeiture of deadly weapons
166.282
Sale of weapons by political subdivision
166.291
Issuance of concealed handgun license
166.292
Procedure for issuing
166.293
Denial or revocation of license
166.295
Renewal of license
166.297
Annual report regarding revocation of licenses
166.300
Killing or injuring another with firearm as cause for loss of right to bear arms
166.320
Setting springgun or setgun
166.330
Use of firearms with other than incombustible gun wadding
166.350
Unlawful possession of armor piercing ammunition
166.360
Definitions for ORS 166.360 to 166.380
166.370
Possession of firearm or dangerous weapon in public building or court facility
166.373
Possession of weapon in court facility by peace officer or federal officer
166.375
Possession of handgun or ammunition by Department of Corrections authorized staff member
166.377
Possession of firearms in certain public buildings by concealed handgun licensees
166.380
Examination of firearm by peace officer
166.382
Possession of destructive device prohibited
166.384
Unlawful manufacture of destructive device
166.385
Possession of hoax destructive device
166.390
Short title
166.392
Definitions
166.395
Securing firearms
166.397
Reporting loss or theft of firearm
166.400
Requirement that firearm be locked during transfer
166.403
Duty to supervise upon transfer of firearm to minor
166.405
Gun dealer notice requirement
166.410
Manufacture, importation or sale of firearms
166.412
Definitions
166.414
Fees for conducting criminal history record checks
166.416
Providing false information in connection with a transfer of a firearm
166.418
Improperly transferring a firearm
166.421
Stolen firearms
166.422
Enforcement of ORS 166.412
166.425
Unlawfully purchasing a firearm
166.427
Register of transfers of used firearms
166.429
Firearms used in felony
166.432
Definitions for ORS 166.412 and 166.433 to 166.441
166.433
Findings regarding transfers of firearms
166.434
Requirements for criminal background checks
166.435
Firearm transfers by unlicensed persons
166.436
Department of State Police criminal background checks for gun show firearm transfers
166.438
Transfer of firearms at gun shows
166.441
Form for transfer of firearm at gun show
166.445
Short title
166.450
Obliteration or change of identification number on firearms
166.460
Antique firearms excepted
166.470
Limitations and conditions for sales of firearms
166.480
Sale or gift of explosives to children
166.490
Purchase of firearms in certain other states
166.525
Definitions
166.527
Petition for ex parte order
166.530
Hearing on order
166.533
Hearing to terminate order
166.535
Renewal of order
166.537
Surrender of deadly weapons pursuant to order
166.540
Return of surrendered deadly weapons
166.543
Criminal penalties
166.630
Discharging weapon on or across highway, ocean shore recreation area or public utility facility
166.635
Discharging weapon or throwing objects at trains
166.638
Discharging weapon across airport operational surfaces
166.641
Definitions for ORS 166.641 to 166.643
166.642
Felon in possession of body armor
166.643
Unlawful possession of body armor
166.645
Hunting in cemeteries prohibited
166.649
Throwing an object off an overpass in the second degree
166.651
Throwing an object off an overpass in the first degree
166.660
Unlawful paramilitary activity
166.663
Casting artificial light from vehicle while possessing certain weapons prohibited
166.715
Definitions for ORS 166.715 to 166.735
166.720
Racketeering activity unlawful
166.725
Remedies for violation of ORS 166.720
166.730
Authority of investigative agency
166.735
Short title
Green check means up to date. Up to date