Section 460.10. Definitions

The following definitions are applicable to this article.
    1.  "Criminal  act"  means  conduct  constituting any of the following
  crimes, or  conspiracy  or  attempt  to  commit  any  of  the  following
  felonies:
    * (a)  Any of the felonies set forth in this chapter: sections 120.05,
  120.10 and  120.11  relating  to  assault;  sections  125.10  to  125.27
  relating  to  homicide;  sections  130.25, 130.30 and 130.35 relating to
  rape; sections 135.20 and 135.25 relating to kidnapping; section  135.35
  relating  to  labor  trafficking;  section  135.65 relating to coercion;
  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
  145.05,  145.10  and  145.12  relating to criminal mischief; article one
  hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
  155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
  177.25 relating to health care fraud; article one hundred sixty relating
  to robbery; sections 165.45,  165.50,  165.52  and  165.54  relating  to
  criminal  possession  of  stolen  property;  sections  165.72 and 165.73
  relating to trademark counterfeiting; sections 170.10,  170.15,  170.25,
  170.30,  170.40, 170.65 and 170.70 relating to forgery; sections 175.10,
  175.25, 175.35, 175.40 and 210.40 relating to false statements; sections
  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;  sections
  178.20  and  178.25  relating  to  criminal  diversion  of  prescription
  medications and prescriptions; sections 180.03, 180.08, 180.15,  180.25,
  180.40,  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
  200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating  to  bribery;
  sections  187.10,  187.15,  187.20  and  187.25  relating to residential
  mortgage fraud, sections 190.40 and 190.42 relating to  criminal  usury;
  section  190.65  relating  to  schemes  to  defraud; sections 205.60 and
  205.65 relating to hindering prosecution; sections 210.10,  210.15,  and
  215.51  relating  to  perjury  and  contempt; section 215.40 relating to
  tampering with  physical  evidence;  sections  220.06,  220.09,  220.16,
  220.18,  220.21,  220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55
  and 220.60 relating to controlled substances; sections 225.10 and 225.20
  relating to gambling; sections 230.25, 230.30, and  230.32  relating  to
  promoting  prostitution;  section  230.34  relating  to sex trafficking;
  sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
  sections 263.10 and 263.15 relating to promoting a sexual performance by
  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
  provisions  of  section  265.10  which  constitute  a felony relating to
  firearms and other dangerous weapons; and  sections  265.14  and  265.16
  relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,
  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
    * NB Effective until November 1, 2009
    * (a)  Any of the felonies set forth in this chapter: sections 120.05,
  120.10 and  120.11  relating  to  assault;  sections  125.10  to  125.27
  relating  to  homicide;  sections  130.25, 130.30 and 130.35 relating to
  rape; sections 135.20 and 135.25 relating to kidnapping; section  135.35
  relating  to  labor  trafficking;  section  135.65 relating to coercion;
  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
  145.05,  145.10  and  145.12  relating to criminal mischief; article one
  hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
  155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
  177.25 relating to health care fraud; article one hundred sixty relating
  to robbery; sections 165.45,  165.50,  165.52  and  165.54  relating  to
  criminal  possession  of  stolen  property;  sections  165.72 and 165.73
  relating to trademark counterfeiting; sections 170.10,  170.15,  170.25,
  170.30,  170.40, 170.65 and 170.70 relating to forgery; sections 175.10,

  175.25, 175.35, 175.40 and 210.40 relating to false statements; sections
  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;  sections
  178.20  and  178.25  relating  to  criminal  diversion  of  prescription
  medications  and prescriptions; sections 180.03, 180.08, 180.15, 180.25,
  180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,  200.20,
  200.22,  200.25,  200.27, 215.00, 215.05 and 215.19 relating to bribery;
  sections 187.10, 187.15,  187.20  and  187.25  relating  to  residential
  mortgage  fraud,  sections 190.40 and 190.42 relating to criminal usury;
  section 190.65 relating to  schemes  to  defraud;  sections  205.60  and
  205.65  relating  to hindering prosecution; sections 210.10, 210.15, and
  215.51 relating to perjury and  contempt;  section  215.40  relating  to
  tampering  with  physical  evidence;  sections  220.06,  220.09, 220.16,
  220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,  220.55,
  220.60 and 220.77 relating to controlled substances; sections 225.10 and
  225.20  relating  to  gambling;  sections  230.25,  230.30,  and  230.32
  relating to promoting  prostitution;  section  230.34  relating  to  sex
  trafficking;  sections  235.06,  235.07,  235.21  and 235.22 relating to
  obscenity; sections 263.10 and 263.15 relating  to  promoting  a  sexual
  performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
  265.13  and  the  provisions of section 265.10 which constitute a felony
  relating to firearms and other dangerous weapons;  and  sections  265.14
  and  265.16  relating to criminal sale of a firearm; and section 275.10,
  275.20, 275.30, or  275.40  relating  to  unauthorized  recordings;  and
  sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;
  or
    * NB Effective November 1, 2009
    (b)  Any  felony  set  forth  elsewhere  in the laws of this state and
  defined by the  tax  law  relating  to  alcoholic  beverage,  cigarette,
  gasoline  and  similar  motor  fuel  taxes;  article  seventy-one of the
  environmental conservation law relating to  water  pollution,  hazardous
  waste  or  substances hazardous or acutely hazardous to public health or
  safety  of  the  environment;  article  twenty-three-A  of  the  general
  business  law  relating  to prohibited acts concerning stocks, bonds and
  other  securities,  article  twenty-two  of  the  general  business  law
  concerning monopolies.
    2.  "Enterprise"  means either an enterprise as defined in subdivision
  one of section 175.00 of this chapter or criminal enterprise as  defined
  in subdivision three of this section.
    3.  "Criminal  enterprise"  means  a group of persons sharing a common
  purpose of engaging in criminal conduct, associated in an  ascertainable
  structure  distinct  from  a  pattern  of  criminal activity, and with a
  continuity of existence, structure and criminal purpose beyond the scope
  of individual criminal incidents.
    4. "Pattern of criminal activity" means conduct engaged in by  persons
  charged  in  an  enterprise  corruption count constituting three or more
  criminal acts that:
    (a) were committed  within  ten  years  of  the  commencement  of  the
  criminal action;
    (b)  are  neither  isolated  incidents,  nor  so  closely  related and
  connected  in  point  of  time  or  circumstance  of  commission  as  to
  constitute  a  criminal  offense or criminal transaction, as those terms
  are defined in section 40.10 of the criminal procedure law; and
    (c) are either: (i) related to one another through a common scheme  or
  plan  or  (ii)  were  committed,  solicited,  requested,  importuned  or
  intentionally aided  by  persons  acting  with  the  mental  culpability
  required  for  the  commission  thereof  and  associated  with or in the
  criminal enterprise.