Federal Deception Law: WISCONSIN
Telemarketing Statute: Wis. Stat. §§ 423.201 to 423.205, 100.52.
Telemarketing Statute: Wis. Stat. §§ 423.201 to 423.205, 100.52.
Telemarketing and Robocall Statute: Wyo. Stat. Ann. §§ 40-12-301 to 40-12-305 (Telephone Solicitation).
Robocall-Related Definitions: None, but statute refers to “an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.”
This appendix summarizes the main features of state “RICO” statutes—state statutes that parallel the federal Racketeer Influenced and Corrupt Organizations (RICO) statute, which is reprinted in Appendix E.1, supra, and discussed in Chapter 8
Ariz. Rev. Stat. Ann. §§ 13-2301 to 13-2323
Predicate Offenses: List of state offenses, including usury, extortionate extensions of credit, fraud (specifically including certain fraudulent conduct in marketing and sale of real property), restraint of trade, computer tampering, unlawful possession of access device, some securities offenses; manufacture, sale, or distribution of misbranded (falsely or inadequately labelled) drugs; and trafficking of persons for forced labor or services. A new section on residential mortgage fraud was added in 2007.
Cal. Penal Code §§ 186.1 to 186.8 (West)
Predicate Offenses: List of state offenses, including securities offenses and identity theft, counterfeit labels, certain computer crimes, and human trafficking (defined to include deprivation of liberty, or labor compelled, by fraud or deceit).
Colo. Rev. Stat. §§ 18-17-101 to 18-17-109
Conn. Gen. Stat. §§ 53-393 to 53-403
Predicate Offenses: List of state offenses, including extortionate credit transactions and securities offenses; also collection of unlawful debt.
Pattern: Two or more interrelated offenses. Last offense must have occurred within five years of a prior offense and at least one offense must have occurred after October 1, 1982.
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.
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.
Ga. Code Ann. §§ 16-14-1 to 16-14-12
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.
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.
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).
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.
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.
Mich. Comp. Laws §§ 750.159f to 750.159x
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.
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.
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.
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.
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.
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.
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.
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.
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.