California 2019-2020 Regular Session

California Assembly Bill AB1294 Compare Versions

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1-Assembly Bill No. 1294 CHAPTER 268 An act to amend Section 186.2 of the Penal Code, relating to criminal profiteering. [ Approved by Governor September 06, 2019. Filed with Secretary of State September 06, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 1294, Salas. Criminal profiteering.Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified. Under existing law, criminal profiteering activity is defined as certain acts or threats made for financial gain or advantage that may be charged as specified crimes, including, among others, gambling.This bill would include specified crimes within the definition of gambling for the purposes of these provisions. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 186.2 of the Penal Code is amended to read:186.2. For purposes of this chapter, the following definitions apply:(a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:(1) Arson, as defined in Section 451.(2) Bribery, as defined in Sections 67, 67.5, and 68.(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.(4) Felonious assault, as defined in Section 245.(5) Embezzlement, as defined in Sections 424 and 503.(6) Extortion, as defined in Section 518.(7) Forgery, as defined in Section 470.(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.(9) Kidnapping, as defined in Section 207.(10) Mayhem, as defined in Section 203.(11) Murder, as defined in Section 187.(12) Pimping and pandering, as defined in Section 266.(13) Receiving stolen property, as defined in Section 496.(14) Robbery, as defined in Section 211.(15) Solicitation of crimes, as defined in Section 653f.(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.(20) Presentation of a false or fraudulent claim, as defined in Section 550.(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.(22) Money laundering, as defined in Section 186.10.(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.(27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.(28) Human trafficking, as defined in Section 236.1.(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(31) Theft of personal identifying information, as defined in Section 530.5.(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.(b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.(B) Are not isolated events.(C) Were committed as a criminal activity of organized crime.(2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.(c) Prosecuting agency means the Attorney General or the district attorney of any county.(d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.(e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
1+Enrolled August 23, 2019 Passed IN Senate August 19, 2019 Passed IN Assembly August 22, 2019 Amended IN Senate August 12, 2019 Amended IN Senate May 28, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1294Introduced by Assembly Member Salas(Coauthor: Senator Umberg)February 21, 2019 An act to amend Section 186.2 of the Penal Code, relating to criminal profiteering.LEGISLATIVE COUNSEL'S DIGESTAB 1294, Salas. Criminal profiteering.Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified. Under existing law, criminal profiteering activity is defined as certain acts or threats made for financial gain or advantage that may be charged as specified crimes, including, among others, gambling.This bill would include specified crimes within the definition of gambling for the purposes of these provisions. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 186.2 of the Penal Code is amended to read:186.2. For purposes of this chapter, the following definitions apply:(a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:(1) Arson, as defined in Section 451.(2) Bribery, as defined in Sections 67, 67.5, and 68.(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.(4) Felonious assault, as defined in Section 245.(5) Embezzlement, as defined in Sections 424 and 503.(6) Extortion, as defined in Section 518.(7) Forgery, as defined in Section 470.(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.(9) Kidnapping, as defined in Section 207.(10) Mayhem, as defined in Section 203.(11) Murder, as defined in Section 187.(12) Pimping and pandering, as defined in Section 266.(13) Receiving stolen property, as defined in Section 496.(14) Robbery, as defined in Section 211.(15) Solicitation of crimes, as defined in Section 653f.(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.(20) Presentation of a false or fraudulent claim, as defined in Section 550.(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.(22) Money laundering, as defined in Section 186.10.(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.(27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.(28) Human trafficking, as defined in Section 236.1.(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(31) Theft of personal identifying information, as defined in Section 530.5.(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.(b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.(B) Are not isolated events.(C) Were committed as a criminal activity of organized crime.(2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.(c) Prosecuting agency means the Attorney General or the district attorney of any county.(d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.(e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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3- Assembly Bill No. 1294 CHAPTER 268 An act to amend Section 186.2 of the Penal Code, relating to criminal profiteering. [ Approved by Governor September 06, 2019. Filed with Secretary of State September 06, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 1294, Salas. Criminal profiteering.Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified. Under existing law, criminal profiteering activity is defined as certain acts or threats made for financial gain or advantage that may be charged as specified crimes, including, among others, gambling.This bill would include specified crimes within the definition of gambling for the purposes of these provisions. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled August 23, 2019 Passed IN Senate August 19, 2019 Passed IN Assembly August 22, 2019 Amended IN Senate August 12, 2019 Amended IN Senate May 28, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1294Introduced by Assembly Member Salas(Coauthor: Senator Umberg)February 21, 2019 An act to amend Section 186.2 of the Penal Code, relating to criminal profiteering.LEGISLATIVE COUNSEL'S DIGESTAB 1294, Salas. Criminal profiteering.Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified. Under existing law, criminal profiteering activity is defined as certain acts or threats made for financial gain or advantage that may be charged as specified crimes, including, among others, gambling.This bill would include specified crimes within the definition of gambling for the purposes of these provisions. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Assembly Bill No. 1294 CHAPTER 268
5+ Enrolled August 23, 2019 Passed IN Senate August 19, 2019 Passed IN Assembly August 22, 2019 Amended IN Senate August 12, 2019 Amended IN Senate May 28, 2019 Amended IN Assembly March 18, 2019
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7- Assembly Bill No. 1294
7+Enrolled August 23, 2019
8+Passed IN Senate August 19, 2019
9+Passed IN Assembly August 22, 2019
10+Amended IN Senate August 12, 2019
11+Amended IN Senate May 28, 2019
12+Amended IN Assembly March 18, 2019
813
9- CHAPTER 268
14+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
15+
16+ Assembly Bill
17+
18+No. 1294
19+
20+Introduced by Assembly Member Salas(Coauthor: Senator Umberg)February 21, 2019
21+
22+Introduced by Assembly Member Salas(Coauthor: Senator Umberg)
23+February 21, 2019
1024
1125 An act to amend Section 186.2 of the Penal Code, relating to criminal profiteering.
12-
13- [ Approved by Governor September 06, 2019. Filed with Secretary of State September 06, 2019. ]
1426
1527 LEGISLATIVE COUNSEL'S DIGEST
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1729 ## LEGISLATIVE COUNSEL'S DIGEST
1830
1931 AB 1294, Salas. Criminal profiteering.
2032
2133 Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified. Under existing law, criminal profiteering activity is defined as certain acts or threats made for financial gain or advantage that may be charged as specified crimes, including, among others, gambling.This bill would include specified crimes within the definition of gambling for the purposes of these provisions. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
2234
2335 Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified. Under existing law, criminal profiteering activity is defined as certain acts or threats made for financial gain or advantage that may be charged as specified crimes, including, among others, gambling.
2436
2537 This bill would include specified crimes within the definition of gambling for the purposes of these provisions. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program.
2638
2739 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
2840
2941 This bill would provide that no reimbursement is required by this act for a specified reason.
3042
3143 ## Digest Key
3244
3345 ## Bill Text
3446
3547 The people of the State of California do enact as follows:SECTION 1. Section 186.2 of the Penal Code is amended to read:186.2. For purposes of this chapter, the following definitions apply:(a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:(1) Arson, as defined in Section 451.(2) Bribery, as defined in Sections 67, 67.5, and 68.(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.(4) Felonious assault, as defined in Section 245.(5) Embezzlement, as defined in Sections 424 and 503.(6) Extortion, as defined in Section 518.(7) Forgery, as defined in Section 470.(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.(9) Kidnapping, as defined in Section 207.(10) Mayhem, as defined in Section 203.(11) Murder, as defined in Section 187.(12) Pimping and pandering, as defined in Section 266.(13) Receiving stolen property, as defined in Section 496.(14) Robbery, as defined in Section 211.(15) Solicitation of crimes, as defined in Section 653f.(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.(20) Presentation of a false or fraudulent claim, as defined in Section 550.(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.(22) Money laundering, as defined in Section 186.10.(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.(27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.(28) Human trafficking, as defined in Section 236.1.(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(31) Theft of personal identifying information, as defined in Section 530.5.(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.(b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.(B) Are not isolated events.(C) Were committed as a criminal activity of organized crime.(2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.(c) Prosecuting agency means the Attorney General or the district attorney of any county.(d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.(e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
3648
3749 The people of the State of California do enact as follows:
3850
3951 ## The people of the State of California do enact as follows:
4052
4153 SECTION 1. Section 186.2 of the Penal Code is amended to read:186.2. For purposes of this chapter, the following definitions apply:(a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:(1) Arson, as defined in Section 451.(2) Bribery, as defined in Sections 67, 67.5, and 68.(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.(4) Felonious assault, as defined in Section 245.(5) Embezzlement, as defined in Sections 424 and 503.(6) Extortion, as defined in Section 518.(7) Forgery, as defined in Section 470.(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.(9) Kidnapping, as defined in Section 207.(10) Mayhem, as defined in Section 203.(11) Murder, as defined in Section 187.(12) Pimping and pandering, as defined in Section 266.(13) Receiving stolen property, as defined in Section 496.(14) Robbery, as defined in Section 211.(15) Solicitation of crimes, as defined in Section 653f.(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.(20) Presentation of a false or fraudulent claim, as defined in Section 550.(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.(22) Money laundering, as defined in Section 186.10.(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.(27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.(28) Human trafficking, as defined in Section 236.1.(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(31) Theft of personal identifying information, as defined in Section 530.5.(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.(b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.(B) Are not isolated events.(C) Were committed as a criminal activity of organized crime.(2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.(c) Prosecuting agency means the Attorney General or the district attorney of any county.(d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.(e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
4254
4355 SECTION 1. Section 186.2 of the Penal Code is amended to read:
4456
4557 ### SECTION 1.
4658
4759 186.2. For purposes of this chapter, the following definitions apply:(a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:(1) Arson, as defined in Section 451.(2) Bribery, as defined in Sections 67, 67.5, and 68.(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.(4) Felonious assault, as defined in Section 245.(5) Embezzlement, as defined in Sections 424 and 503.(6) Extortion, as defined in Section 518.(7) Forgery, as defined in Section 470.(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.(9) Kidnapping, as defined in Section 207.(10) Mayhem, as defined in Section 203.(11) Murder, as defined in Section 187.(12) Pimping and pandering, as defined in Section 266.(13) Receiving stolen property, as defined in Section 496.(14) Robbery, as defined in Section 211.(15) Solicitation of crimes, as defined in Section 653f.(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.(20) Presentation of a false or fraudulent claim, as defined in Section 550.(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.(22) Money laundering, as defined in Section 186.10.(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.(27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.(28) Human trafficking, as defined in Section 236.1.(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(31) Theft of personal identifying information, as defined in Section 530.5.(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.(b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.(B) Are not isolated events.(C) Were committed as a criminal activity of organized crime.(2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.(c) Prosecuting agency means the Attorney General or the district attorney of any county.(d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.(e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
4860
4961 186.2. For purposes of this chapter, the following definitions apply:(a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:(1) Arson, as defined in Section 451.(2) Bribery, as defined in Sections 67, 67.5, and 68.(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.(4) Felonious assault, as defined in Section 245.(5) Embezzlement, as defined in Sections 424 and 503.(6) Extortion, as defined in Section 518.(7) Forgery, as defined in Section 470.(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.(9) Kidnapping, as defined in Section 207.(10) Mayhem, as defined in Section 203.(11) Murder, as defined in Section 187.(12) Pimping and pandering, as defined in Section 266.(13) Receiving stolen property, as defined in Section 496.(14) Robbery, as defined in Section 211.(15) Solicitation of crimes, as defined in Section 653f.(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.(20) Presentation of a false or fraudulent claim, as defined in Section 550.(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.(22) Money laundering, as defined in Section 186.10.(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.(27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.(28) Human trafficking, as defined in Section 236.1.(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(31) Theft of personal identifying information, as defined in Section 530.5.(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.(b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.(B) Are not isolated events.(C) Were committed as a criminal activity of organized crime.(2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.(c) Prosecuting agency means the Attorney General or the district attorney of any county.(d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.(e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
5062
5163 186.2. For purposes of this chapter, the following definitions apply:(a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:(1) Arson, as defined in Section 451.(2) Bribery, as defined in Sections 67, 67.5, and 68.(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.(4) Felonious assault, as defined in Section 245.(5) Embezzlement, as defined in Sections 424 and 503.(6) Extortion, as defined in Section 518.(7) Forgery, as defined in Section 470.(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.(9) Kidnapping, as defined in Section 207.(10) Mayhem, as defined in Section 203.(11) Murder, as defined in Section 187.(12) Pimping and pandering, as defined in Section 266.(13) Receiving stolen property, as defined in Section 496.(14) Robbery, as defined in Section 211.(15) Solicitation of crimes, as defined in Section 653f.(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.(20) Presentation of a false or fraudulent claim, as defined in Section 550.(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.(22) Money laundering, as defined in Section 186.10.(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.(27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.(28) Human trafficking, as defined in Section 236.1.(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.(31) Theft of personal identifying information, as defined in Section 530.5.(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.(b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.(B) Are not isolated events.(C) Were committed as a criminal activity of organized crime.(2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.(c) Prosecuting agency means the Attorney General or the district attorney of any county.(d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.(e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
5264
5365
5466
5567 186.2. For purposes of this chapter, the following definitions apply:
5668
5769 (a) Criminal profiteering activity means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:
5870
5971 (1) Arson, as defined in Section 451.
6072
6173 (2) Bribery, as defined in Sections 67, 67.5, and 68.
6274
6375 (3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.
6476
6577 (4) Felonious assault, as defined in Section 245.
6678
6779 (5) Embezzlement, as defined in Sections 424 and 503.
6880
6981 (6) Extortion, as defined in Section 518.
7082
7183 (7) Forgery, as defined in Section 470.
7284
7385 (8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.
7486
7587 (9) Kidnapping, as defined in Section 207.
7688
7789 (10) Mayhem, as defined in Section 203.
7890
7991 (11) Murder, as defined in Section 187.
8092
8193 (12) Pimping and pandering, as defined in Section 266.
8294
8395 (13) Receiving stolen property, as defined in Section 496.
8496
8597 (14) Robbery, as defined in Section 211.
8698
8799 (15) Solicitation of crimes, as defined in Section 653f.
88100
89101 (16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.
90102
91103 (17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.
92104
93105 (18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.
94106
95107 (19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.
96108
97109 (20) Presentation of a false or fraudulent claim, as defined in Section 550.
98110
99111 (21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.
100112
101113 (22) Money laundering, as defined in Section 186.10.
102114
103115 (23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.
104116
105117 (24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.
106118
107119 (25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.
108120
109121 (26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.
110122
111123 (27) Offenses related to fraud or theft against the states beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code.
112124
113125 (28) Human trafficking, as defined in Section 236.1.
114126
115127 (29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
116128
117129 (30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
118130
119131 (31) Theft of personal identifying information, as defined in Section 530.5.
120132
121133 (32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.
122134
123135 (33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.
124136
125137 (34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.
126138
127139 (b) (1) Pattern of criminal profiteering activity means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:
128140
129141 (A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.
130142
131143 (B) Are not isolated events.
132144
133145 (C) Were committed as a criminal activity of organized crime.
134146
135147 (2) Acts that would constitute a pattern of criminal profiteering activity may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.
136148
137149 (c) Prosecuting agency means the Attorney General or the district attorney of any county.
138150
139151 (d) Organized crime means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. Organized crime also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. Organized crime also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.
140152
141153 (e) Underlying offense means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
142154
143155 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
144156
145157 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
146158
147159 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
148160
149161 ### SEC. 2.