SJC/SB 70
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AN ACT
RELATING TO CRIME; AMENDING THE RACKETEERING ACT; ADDING
CERTAIN CRIMES TO THE DEFINITION OF "RACKETEERING".
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-42-1 NMSA 1978 (being Laws 1980,
Chapter 40, Section 1) is amended to read:
"30-42-1. SHORT TITLE.--Chapter 30, Article 42
NMSA 1978 may be cited as the "Racketeering Act"."
SECTION 2. Section 30-42-3 NMSA 1978 (being Laws 1980,
Chapter 40, Section 3, as amended) is amended to read:
"30-42-3. DEFINITIONS.--As used in the Racketeering
Act:
A. "racketeering" means any act that is chargeable
or indictable under the laws of New Mexico and punishable by
imprisonment for more than one year, involving any of the
following cited offenses:
(1) murder, as provided in Section 30-2-1
NMSA 1978;
(2) robbery, as provided in Section 30-16-2
NMSA 1978;
(3) kidnapping, as provided in
Section 30-4-1 NMSA 1978;
(4) forgery, as provided in Section 30-16-10
NMSA 1978; SJC/SB 70
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(5) larceny, as provided in Section 30-16-1
NMSA 1978;
(6) fraud, as provided in Section 30-16-6
NMSA 1978;
(7) embezzlement, as provided in
Section 30-16-8 NMSA 1978;
(8) receiving stolen property, as provided
in Section 30-16-11 NMSA 1978;
(9) bribery, as provided in Sections 30-24-1
through 30-24-3.1 NMSA 1978;
(10) gambling, as provided in
Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
(11) illegal kickbacks, as provided in
Sections 30-41-1 and 30-41-2 NMSA 1978;
(12) extortion, as provided in
Section 30-16-9 NMSA 1978;
(13) trafficking in controlled substances,
as provided in Section 30-31-20 NMSA 1978;
(14) arson and aggravated arson, as provided
in Subsection A of Section 30-17-5 and Section 30-17-6
NMSA 1978;
(15) promoting prostitution, as provided in
Section 30-9-4 NMSA 1978;
(16) criminal solicitation, as provided in
Section 30-28-3 NMSA 1978; SJC/SB 70
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(17) fraudulent securities practices, as
provided in the New Mexico Uniform Securities Act;
(18) loan sharking, as provided in
Sections 30-43-1 through 30-43-5 NMSA 1978;
(19) distribution of controlled substances
or controlled substance analogues, as provided in
Sections 30-31-21 and 30-31-22 NMSA 1978;
(20) money laundering, as provided in
Section 30-51-4 NMSA 1978;
(21) unlawful taking of a vehicle or motor
vehicle, as provided in Section 30-16D-1 NMSA 1978;
(22) embezzlement of a vehicle or motor
vehicle, as provided in Section 30-16D-2 NMSA 1978;
(23) fraudulently obtaining a vehicle or
motor vehicle, as provided in Section 30-16D-3 NMSA 1978;
(24) receiving or transferring stolen
vehicles or motor vehicles, as provided in Section 30-16D-4
NMSA 1978;
(25) altering or changing the serial number,
engine number, decal or other numbers or marks of a vehicle
or motor vehicle, as provided in Section 30-16D-6 NMSA 1978;
(26) trafficking cannabis products, as
provided in Section 26-2C-28 NMSA 1978;
(27) sexual exploitation of children, as
provided in Sections 30-6A-3 and 30-6A-4 NMSA 1978; SJC/SB 70
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(28) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978;
(29) criminal sexual contact, as provided in
Sections 30-9-12 and 30-9-13 NMSA 1978;
(30) dog fighting, as provided in
Section 30-18-9 NMSA 1978;
(31) cockfighting, as provided in
Section 30-18-9 NMSA 1978;
(32) bringing contraband into places of
imprisonment, as provided in Section 30-22-14 NMSA 1978; and
(33) human trafficking, as provided in
Section 30-52-1 NMSA 1978;
B. "person" means an individual or entity capable
of holding a legal or beneficial interest in property;
C. "enterprise" means a sole proprietorship,
partnership, corporation, business, labor union, association
or other legal entity or a group of persons associated in
fact although not a legal entity, and includes illicit as
well as licit entities; and
D. "pattern of racketeering activity" means
engaging in at least two incidents of racketeering with the
intent of accomplishing any of the prohibited activities set
forth in Subsections A through D of Section 30-42-4
NMSA 1978; provided at least one of the incidents occurred
after February 28, 1980 and the last incident occurred within SJC/SB 70
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five years after the commission of a prior incident of
racketeering."