Illinois Racketeering Laws

Illinois Statutes Chapter 720 Section 5/33-G-1, et seq.

Predicate activity: any act that is a Class 2 felony or higher, which includes (but is not limited to):

• first degree murder
• kidnapping
• robbery
• promoting prostitution
• criminal street gang recruitment
• gunrunning

Note: Violations of certain provision of the Cannabis Control Act, Illinois Controlled Substances Act, or Methamphetamine Control and Community Protection Act can also qualify as "predicate activity."

Pattern of predicate activity: At least 3 occurrences of predicate activity that are related to each other, have continuity between them, and are separate acts. To be defined as a "pattern" the occurrences must take place within 3 years of the first predicate activity (excluding any period of imprisonment).

• Intentionally participating in a pattern of predicate activity (directly or indirectly) or conspiring* to do so;
• Causing another to participate in a pattern of predicate activity; or
• Knowingly acquiring or maintaining (directly or indirectly) an interest in or control of any enterprise, real property, or personal property (including money) through a pattern of predicate activity.

*An overt act in furtherance of the agreement must be proven in order to convict someone of conspiracy. The overt act doesn't need to constitute a predicate activity.

Penalties

• Participating in a pattern of predicate activity, causing another to do so, or conspiring to do so is a Class X felony, with a prison term of between 7 and 30 years, or the sentence applicable to the underlying predicate activity, whichever is higher. The sentence imposed also includes restitution, and/or a criminal fine up to $250,000 or twice the gross amount of any intended proceeds of the violation, whichever is higher.
• Knowingly acquiring interests from a pattern of predicate activity is a Class X felony, with a prison term of between 6 and 30 years. Restitution and/or a criminal fine of up to $250,000 or twice the gross amount of any intended proceeds of the violation, whichever is higher will also be imposed.
• If an unlawful death results, the defendant will receive an enhanced term of imprisonment (at least 25 years to life) in addition to any other penalty imposed by the court if the death: (1) was reasonably foreseeable to the defendant; and (2) occurred when the defendant was otherwise engaged in the violation of this Article as a whole.