28-627.03. Financial transaction offense; continuing criminal enterprise; violation; penalty.

289 words·~1 min read·/ne/chapter-28/28-627-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section:

(a)Financial transaction offense means any violation of sections 28-618 to 28-630 for which the punishment is a felony; and

(b)Leadership position means a position in which a person acts as a principal administrator, organizer, supervisor, or manager or otherwise leads or directs other persons.

(2)A person is engaged in a continuing criminal enterprise if such person commits any financial transaction offense and:

(a)Such offense is part of a continuing series of financial transaction offenses;

(b)Such series of offenses is undertaken by such person in concert with two or more other persons with respect to whom such person acts in a leadership position; and

(c)Such person obtains substantial income or resources from such activities.

(3)A violation of this section shall be punished as a:

(a)Class II felony if the enterprise, or any other enterprise in which the defendant was in a leadership position:

(i)Included three or fewer persons; or

(ii)Had at least two million dollars but less than five million dollars in gross receipts during any twelve-month period of the enterprise's existence;

(b)Class ID felony if the enterprise, or any other enterprise in which the defendant was in a leadership position:

(i)Included four or more persons but fewer than ten persons; or

(ii)Had at least five million dollars but less than ten million dollars in gross receipts during any twelve-month period of the enterprise's existence; and

(c)Class IC felony if the enterprise, or any other enterprise in which the defendant was in a leadership position:

(i)Included ten or more persons; or

(ii)Had at least ten million dollars in gross receipts during any twelve-month period of the enterprise's existence.