460.10 - Definitions.

§ 460.10 Definitions.    The following definitions are applicable to this article.    1.  "Criminal  act"  means  conduct  constituting any of the following  crimes, or  conspiracy  or  attempt  to  commit  any  of  the  following  felonies:    * (a)  Any of the felonies set forth in this chapter: sections 120.05,  120.10 and  120.11  relating  to  assault;  sections  125.10  to  125.27  relating  to  homicide;  sections  130.25, 130.30 and 130.35 relating to  rape; sections 135.20 and 135.25 relating to kidnapping; section  135.35  relating  to  labor  trafficking;  section  135.65 relating to coercion;  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections  145.05,  145.10  and  145.12  relating to criminal mischief; article one  hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and  155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and  177.25 relating to health care fraud; article one hundred sixty relating  to robbery; sections 165.45,  165.50,  165.52  and  165.54  relating  to  criminal  possession  of  stolen  property;  sections  165.72 and 165.73  relating to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,  170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25, 175.35, 175.40 and 210.40 relating to false statements; sections  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20  and  178.25  relating  to  criminal  diversion  of  prescription  medications and prescriptions; sections 180.03, 180.08, 180.15,  180.25,  180.40,  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating  to  bribery;  sections  187.10,  187.15,  187.20  and  187.25  relating to residential  mortgage fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section  190.65  relating  to  schemes  to  defraud; sections 205.60 and  205.65 relating to hindering prosecution; sections 210.10,  210.15,  and  215.51  relating  to  perjury  and  contempt; section 215.40 relating to  tampering with  physical  evidence;  sections  220.06,  220.09,  220.16,  220.18,  220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55,  220.60 and 220.77 relating to controlled substances; sections 225.10 and  225.20  relating  to  gambling;  sections  230.25,  230.30,  and  230.32  relating  to  promoting  prostitution;  section  230.34  relating to sex  trafficking; sections 235.06, 235.07,  235.21  and  235.22  relating  to  obscenity;  sections  263.10  and  263.15 relating to promoting a sexual  performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,  265.13 and the provisions of section 265.10 which  constitute  a  felony  relating  to  firearms  and other dangerous weapons; and sections 265.14  and 265.16 relating to criminal sale of a firearm; and  section  275.10,  275.20,  275.30,  or  275.40  relating  to  unauthorized recordings; and  sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;  or    * NB Effective until November 11, 2010    * (a) Any of the felonies set forth in this chapter: sections  120.05,  120.10  and  120.11  relating  to  assault;  sections  121.12 and 121.13  relating  to  strangulation;  sections  125.10  to  125.27  relating  to  homicide;  sections 130.25, 130.30 and 130.35 relating to rape; sections  135.20 and 135.25 relating to kidnapping;  section  135.35  relating  to  labor trafficking; section 135.65 relating to coercion; sections 140.20,  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and  145.12 relating to criminal mischief; article one hundred fifty relating  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health  care fraud; article one hundred  sixty  relating  to  robbery;  sections  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of  stolen property;  sections  165.72  and  165.73  relating  to  trademarkcounterfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and 170.70 relating to forgery; sections 175.10, 175.25, 175.35,  175.40  and 210.40 relating to false statements; sections 176.15, 176.20, 176.25  and  176.30  relating  to  insurance  fraud;  sections 178.20 and 178.25  relating  to  criminal  diversion  of   prescription   medications   and  prescriptions;  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,  200.25,  200.27,  215.00, 215.05 and 215.19 relating to bribery; sections 187.10,  187.15, 187.20  and  187.25  relating  to  residential  mortgage  fraud,  sections  190.40  and  190.42 relating to criminal usury; section 190.65  relating to schemes to defraud; sections 205.60 and 205.65  relating  to  hindering  prosecution;  sections 210.10, 210.15, and 215.51 relating to  perjury and contempt; section 215.40 relating to tampering with physical  evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55,  220.60  and 220.77  relating to controlled substances; sections 225.10 and  225.20  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to promoting  prostitution; section  230.34  relating  to  sex  trafficking;  sections  235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10  and  263.15  relating  to  promoting  a  sexual  performance by a child;  sections  265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and   the  provisions  of  section  265.10  which  constitute  a felony relating to  firearms and other dangerous weapons; and  sections  265.14  and  265.16  relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or    * NB Effective November 11, 2010    (b)  Any  felony  set  forth  elsewhere  in the laws of this state and  defined by the  tax  law  relating  to  alcoholic  beverage,  cigarette,  gasoline  and  similar  motor  fuel  taxes;  article  seventy-one of the  environmental conservation law relating to  water  pollution,  hazardous  waste  or  substances hazardous or acutely hazardous to public health or  safety  of  the  environment;  article  twenty-three-A  of  the  general  business  law  relating  to prohibited acts concerning stocks, bonds and  other  securities,  article  twenty-two  of  the  general  business  law  concerning monopolies.    2.  "Enterprise"  means either an enterprise as defined in subdivision  one of section 175.00 of this chapter or criminal enterprise as  defined  in subdivision three of this section.    3.  "Criminal  enterprise"  means  a group of persons sharing a common  purpose of engaging in criminal conduct, associated in an  ascertainable  structure  distinct  from  a  pattern  of  criminal activity, and with a  continuity of existence, structure and criminal purpose beyond the scope  of individual criminal incidents.    4. "Pattern of criminal activity" means conduct engaged in by  persons  charged  in  an  enterprise  corruption count constituting three or more  criminal acts that:    (a) were committed  within  ten  years  of  the  commencement  of  the  criminal action;    (b)  are  neither  isolated  incidents,  nor  so  closely  related and  connected  in  point  of  time  or  circumstance  of  commission  as  to  constitute  a  criminal  offense or criminal transaction, as those terms  are defined in section 40.10 of the criminal procedure law; and    (c) are either: (i) related to one another through a common scheme  or  plan  or  (ii)  were  committed,  solicited,  requested,  importuned  or  intentionally aided  by  persons  acting  with  the  mental  culpability  required  for  the  commission  thereof  and  associated  with or in the  criminal enterprise.