26.2 RICO — USE OR INVESTMENT OF PROCEEDS FROM PATTERN OF RACKETEERING ACTIVITY

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
26.2
Statute
§ 895.03(1), Fla. Stat.
Edition
Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
Official source
The Florida Bar: criminal jury instructions

Elements

Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.

To prove the crime of Unlawful Use or Investment of Proceeds from a Pattern of Racketeering Activity, the State must prove the following four elements beyond a reasonable doubt:

Elements #1 and #2 need to be reworded if only two incidents of racketeering conduct are alleged.

1. At least two of the following incidents occurred. Read incidents of racketeering conduct alleged in information.

2. Of those incidents that occurred, at least two of them had the same or similar [intents] [results] [accomplices] [victims] [methods of commission] or were interrelated by distinguishing characteristics and were not isolated incidents.

3. (Defendant), with criminal intent, received proceeds that were derived directly or indirectly from such incidents.

4. (Defendant) [used] [invested] some of these proceeds [or proceeds derived from the investment or use thereof] either directly or indirectly [in acquiring some right, title, equity or interest in real property] [in establishing or operating an enterprise].

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Define the crimes alleged to be incidents of racketeering conduct.

§ 895.02(7), Fla. Stat. Give if there is no express stipulation regarding dates.

In order to find (defendant) guilty of Unlawful Use or Investment of Proceeds from a Pattern of Racketeering Activity, you must also find the State proved beyond a reasonable doubt that:

1. at least one of the predicate incidents alleged occurred after October 1, 1977;

and

2. the last of such incidents occurred within 5 years after a prior incident of racketeering conduct.

Lesser-included offenses

As the instruction lists them, word for word.

No lesser included offenses have been identified for this offense.

Related practice page

Economic & Financial Crimes Defense in Miami

Official source: The Florida Bar: criminal jury instructions

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp