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Federal Deception Law: DELAWARE

Del. Code Ann. tit. 11, §§ 1501 to 1511

Predicate Offenses: List of state offenses, including all felonies and certain misdemeanors, plus those listed in federal RICO; also collection of unlawful debt; human trafficking, including debt bondage.

Pattern: Two or more interrelated predicate offenses; must not be so closely related as to constitute a single event. The last offense must occur within ten years of the prior incident and at least one must occur after July 9, 1986.

Federal Deception Law: FLORIDA

Fla. Stat. §§ 895.01 to 895.09

Predicate Offenses: List of state offenses, including usury, securities offenses, telemarketing offenses, time-share escrow offenses, extortion, fraud, exploitation of elderly or disabled person, and telemarketing offenses (as of October 1, 1996), plus those listed in federal RICO; also collection of unlawful debt.

Pattern: Two or more related predicate offenses. Last predicate offense must have occurred within five years of a prior offense and at least one must have occurred after statute’s effective date.

Federal Deception Law: HAWAII

Haw. Rev. Stat. §§ 842-1 to 842-12

Predicate Offenses: List of offenses, including extortion, loan sharking, and labor trafficking, defined to include requiring labor to be performed to retire, repay, or service real or purported debt, if labor is the only acceptable means of repayment; must be punishable by at least one year in jail. Also collection of unlawful debt.

Pattern: Statute silent.

Federal Deception Law: IDAHO

Idaho Code §§ 18-7801 to 18-7805

Predicate Offenses: List of state offenses, including fraud and usury; equivalent offenses under other states’ laws.

Pattern: Two or more similar or related offenses. Last offense must have occurred within five years of a prior offense, and at least one offense must have occurred after July 1, 1981.

Does Statute Explicitly Provide for Private Cause of Action? Yes, for treble damages, plus costs and attorney fees. Enterprise requirements are less strict than in federal RICO.

Federal Deception Law: INDIANA

Ind. Code §§ 34-24-2-1 to 34-24-2-8 and 35-45-6-1 to 35-45-6-2

Predicate Offenses: List of state offenses, including fraud; human trafficking; unauthorized practice of law.

Pattern: Two similar or interrelated incidents. The last must be within five years of a prior incident, and one must have occurred after August 31, 1980. See Kollar v. State, 556 N.E.2d 936 (Ind. Ct. App. 1990) (detail re elements of proof of pattern).

Federal Deception Law: IOWA

Iowa Code §§ 706A.1 to 706A.5

Predicate Offenses: “Specified unlawful activity” defined as any act, committed for financial gain on a continuing basis that is punishable as an indictable offense under the laws of the state in which it occurred and under the laws of Iowa.

Pattern: Statute silent.

Does Statute Explicitly Provide for Private Cause of Action? Yes, for treble damages plus costs and attorney fees. No recovery for pain and suffering. Aggrieved person may sue for injunction and divestiture.

Federal Deception Law: LOUISIANA

La. Stat. Ann. §§ 15:1351 to 15:1356

Predicate Offenses: List of state offenses, focusing on crimes of violence and drug offenses, but also including theft and extortion, identity theft, certain securities offenses; human trafficking, and Medicaid fraud.

Pattern: Two or more similar or related offenses. Last offense must have occurred within five years of a prior offense, and at least one offense must have occurred after August 21, 1992.

Federal Deception Law: MINNESOTA

Minn. Stat. §§ 609.901 to 609.912

Predicate Offenses: List of state felonies, including identity theft.

Pattern: Three or more related predicate offenses, two of which must be felonies other than conspiracy; offenses must not be so closely related as to constitute a single offense. Offenses must have been committed within ten years of commencement of criminal proceedings.

Does Statute Explicitly Provide for Private Cause of Action? No. But courts have discretion to grant forfeited property or fines to victims.

Federal Deception Law: MISSISSIPPI

Miss. Code Ann. §§ 97-43-1 to 97-43-11

Predicate Offenses: List of state offenses, including securities offenses. Also collection of unlawful debt; human trafficking; conducting, organizing or managing an organized theft enterprise for the purpose of, inter alia, computer fraud or identity theft.

Pattern: Two or more similar or related predicate offenses. Last offense must have occurred within five years of a prior act, and at least one offense must have occurred after the effective date of the statute.

Federal Deception Law: NEVADA

Nev. Rev. Stat. §§ 207.350 to 207.520

Predicate Offenses: List of state offenses, including extortion, extortionate collection of debt, obtaining money or property by false pretenses, some securities offenses; and involuntary servitude and trafficking in persons. A 2009 revision added a new fraud offense: in the course of an enterprise or occupation, two or more similar or interrelated acts of fraud or deceit [defined] within four years, with a loss or intended loss of more than $250.

Federal Deception Law: NEW JERSEY

N.J. Stat. Ann. §§ 2C:41-1 to 2C:41-6.2 (West)

Predicate Offenses: List of state offenses, including extortion, usury, and fraudulent practices, plus most of those listed in federal RICO, human trafficking, defined to include labor compelled by abuse or threatened abuse of the law or legal process. Also collection of unlawful debt.

Federal Deception Law: NEW MEXICO

N.M. Stat. Ann. §§ 30-42-1 to 30-42-6

Predicate Offenses: List of state offenses punishable by at least one year imprisonment, including fraud, extortion, securities offenses, and loan sharking, altering serial numbers, engine numbers, etc. on motor vehicles.

Pattern: Two or more predicate offenses. Last offense must be within five years of a prior act and at least one offense must have occurred after the statute’s effective date.

Federal Deception Law: NEW YORK

N.Y. Penal Law §§ 460.00 to 460.80 (McKinney)

Predicate Offenses: List of state offenses, including false statements, criminal usury, schemes to defraud, and certain securities offenses, labor trafficking, defined to include “requiring that the labor be performed to retire, repay or service a real or purported debt that the actor has caused by a systematic or ongoing course of conduct with intent to defraud such person,” residential mortgage fraud.

Federal Deception Law: NORTH CAROLINA

N.C. Gen. Stat. §§ 75D-1 to 75D-14

Predicate Offenses: Most state offenses if chargeable by indictment, plus those listed in federal RICO. To maintain a civil RICO action, at least one offense must be other than federal mail fraud, federal wire fraud, or a securities offense.

Pattern: Two or more similar or interrelated offenses. One offense must have occurred no more than four years after a prior offense, excluding any period of imprisonment, and one offense must have occurred after October 1, 1986.

Federal Deception Law: NORTH DAKOTA

N.D. Cent. Code §§ 12.1-06.1-01 to 12.1-06.1-08

Predicate Offenses: List of offenses including usury, extortion, fraud, certain computer crimes including hijacking and hacking, and securities violations. If offense occurred in another state, it must be punishable by imprisonment for more than one year. Offenses must have been committed for financial gain. Human trafficking, which specifically includes services coerced by “debt bondage” [defined] or abuse or threat to abuse the legal system.

Federal Deception Law: OHIO

Ohio Rev. Code Ann. §§ 2923.31 to 2923.36 (West)

Predicate Offenses: List of state offenses, including extortion, usury, counterfeiting (defined as forgery, alteration, or knowing possession of credit or debit cards with purpose to defraud), credit repair clinic registration law, and mortgage broker registration law, plus those listed in federal RICO.

Federal Deception Law: OKLAHOMA

Okla. Stat. tit. 22, §§ 1401 to 1419

Predicate Offenses: List of felonies, including extortion, fraud, human trafficking (defined to include debt bondage, or labor coerced by abuse of the law or legal process), securities offense; exploitation of elderly persons or disabled adults; and certain computer crimes.

Federal Deception Law: PENNSYLVANIA

18 Pa. Cons. Stat. § 911

Predicate Offenses: List of state offenses, including charging more than twenty-five-percent APR for debt unless otherwise authorized by law; human trafficking, defined to include labor coerced by debt coercion and threats of certain financial harm, including violations of usury law.

Pattern: Two or more predicate offenses, one after effective date of statute.

Does Statute Explicitly Provide for Private Cause of Action? No. Attorney general may seek divestiture.

Federal Deception Law: PUERTO RICO

P.R. Laws Ann. tit. 25, §§ 971 to 971s

Predicate Offenses: List of state offense, including extortion; also, collection of illegal debt.

Pattern: Two acts of organized criminal activity within a ten-year period, excluding any period of imprisonment, at least one of which occurred after June 19, 1987.

Does Statute Explicitly Provide for Private Cause of Action? Yes, for treble damages, costs and attorney fees.

Statute of Limitations: Ten years, except when other statute establishes longer limitations period.

Federal Deception Law: RHODE ISLAND

R.I. Gen. Laws §§ 7-15-1 to 7-15-11

Predicate Offenses: List of state offenses, including extortion; also, collection of unlawful debt.

Pattern: None required.

Does Statute Explicitly Provide for Private Cause of Action? Yes, for treble damages plus costs and attorney fees. Victim may also intervene in forfeiture proceeding and seek escrow of forfeited assets. Statute explicitly states that criminal conviction of defendant is unnecessary.

Statute of Limitations: Statute silent.

Federal Deception Law: UTAH

Utah Code Ann. §§ 76-10-1601 to 76-10-1609 (West)

Predicate Offenses: List of state offenses, including theft by deception, theft by extortion, usury, securities offenses, violations of Land Sales Practices Act, defrauding creditors, making false credit report, mortgage fraud, confidence game, false statements, deceptive business practices, identity fraud, plus most offenses listed in federal RICO, human trafficking.

Federal Deception Law: VIRGIN ISLANDS

V.I. Code Ann. tit. 14, §§ 600 to 614

Predicate Offenses: List of state offenses, including statutes regulating loans, disclosure of finance charges, extortion, fraud and false statements.

Pattern: Two or more offenses, not isolated, related to the conduct of the enterprise, at least one of which occurred after November 9, 1990.

Does Statute Explicitly Provide for Private Cause of Action? Yes, for treble damages (not including pain and suffering), costs and reasonable attorney fees. Victim has a claim to forfeited property.