Racketeering in Arizona: A.R.S. 13-2301

Racketeering involves crimes committed for financial gain.

Racketeering in Arizona

You can be charged with racketeering in Arizona if it is alleged that you have illegal control over an enterprise or are otherwise committing crimes for financial gain. Such crimes are often considered to be white-collar but can also be blue-collar in nature. In addition to charges in Arizona, if you are caught racketeering you could also face federal charges under the Racketeer Influenced and Corrupt Organization Act (RICO).

With the full list of crimes detailed in A.R.S. 13-2301, racketeering includes such crimes as:

  • Terrorism
  • Homicide
  • Kidnapping
  • Forgery
  • Gambling
  • Extortion
  • Trafficking of humans for sex, children, explosives, weapons, and stolen property
  • Prostitution
  • Money laundering
  • Smuggling
  • Bribery
  • A scheme or artifice to defraud
  • Selling misbranded drugs

Activities involving the illegal control of an enterprise fall under A.R.S. 13-2312. This statute also lays out the penalties associated with the charges:

  • “A person commits illegal control of an enterprise if such person, through racketeering or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise.” This is a class 3 felony.
  • “A person commits illegally conducting an enterprise if such person is employed by or associated with any enterprise and conducts such enterprise’s affairs through racketeering or participates directly or indirectly in the conduct of any enterprise that the person knows is being conducted through racketeering.” This is a class 3 felony.
  • Anyone who “hires, engages or uses a minor for any conduct preparatory to or in completion of any offense in this section” can be charged with a class 2 felony with no possibility for probation, pardon, suspension of sentence, or release until the sentence is completed or commuted.

As all racketeering charges are felony offenses, the penalties can be quite severe. A first-time offender charged with a class 3 felony can face up to 8.75 years of incarceration, while a first-time offender charged with a class 2 felony can face up to 12.5 years of incarceration. However, previous convictions on an offender’s criminal record are likely to increase the length of incarceration.



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