26.7 RICO — CONDUCT OF OR PARTICIPATION IN AN ENTERPRISE THROUGH A 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
- 26.7
- Statute
- § 895.03(3), 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 Unlawfully [Conducting] [Participating in] an Enterprise Through a Pattern or Racketeering Activity, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was [employed by] [associated with] an enterprise.
2. (Defendant) [conducted] [participated in], directly or indirectly, such enterprise by engaging in at least two of the following incidents. Read incidents of racketeering activity alleged in information.
3. Of those incidents in which (defendant) was engaged, 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.
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 activity.
§ 895.02(7), Fla. Stat. Give if there is no express stipulation regarding dates.
In order to find (defendant) guilty of Unlawfully [Conducting] [Participating in] an Enterprise Through a Pattern or 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.