New Jersey Statutes 2C:41-1. Definitions
Terms Used In New Jersey Statutes 2C:41-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
a. “Racketeering activity” means (1) any of the following crimes which are crimes under the laws of New Jersey or are equivalent crimes under the laws of any other jurisdiction:
(a) murder
(b) kidnapping
(c) gambling
(d) promoting prostitution
(e) obscenity
(f) robbery
(g) bribery
(h) extortion
(i) criminal usury
(j) violations of Title 33 of the Revised Statutes
(k) violations of Title 54A of the New Jersey Statutes and Title 54 of the Revised Statutes
(l) arson
(m) burglary
(n) theft and all crimes defined in chapter 20 of Title 2C of the New Jersey Statutes
(o) forgery and fraudulent practices and all crimes defined in chapter 21 of Title 2C of the New Jersey Statutes
(p) fraud in the offering, sale or purchase of securities
(q) alteration of motor vehicle identification numbers
(r) unlawful manufacture, purchase, use or transfer of firearms
(s) unlawful possession or use of destructive devices or explosives
(t) violation of sections 112 through 116 inclusive of the “Casino Control Act,” P.L.1977, c.110 (C. 5:12-112 through 5:12-116)
(u) violation of N.J.S.2C:35-4, N.J.S. 2C:35-5 or N.J.S. 2C:35-6 and all crimes involving illegal distribution of a controlled dangerous substance or controlled substance analog, except possession of less than one ounce of marijuana
(v) violation of subsection b. of N.J.S. 2C:24-4 except for subparagraph (b) of paragraph (5) of subsection b.
(w) violation of section 1 of P.L.1995, c.405 (C. 2C:39-16), leader of firearms trafficking network
(x) violation of section 1 of P.L.1983, c.229 (C. 2C:39-14), weapons training for illegal activities
(y) violation of section 2 of P.L.2002, c.26 (C. 2C:38-2), terrorism
(z) violation of section 1 of P.L.2005, c.77 (C. 2C:13-8), human trafficking
(aa) violation of N.J.S. 2C:12-1 requiring purposeful or knowing conduct
(bb) violation of N.J.S.2C:12-3, terroristic threats
(cc) violation of section 1 of P.L.2015, c.85 (C. 2C:33-31), dog fighting.
(2) any conduct defined as “racketeering activity” under Title 18, U.S.C.s.1961(1)(A), (B) and (D).
b. “Person” includes any individual or entity or enterprise as defined herein holding or capable of holding a legal or beneficial interest in property.
c. “Enterprise” includes any individual, sole proprietorship, partnership, corporation, business or charitable trust, association, or other legal entity, any union or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.
d. “Pattern of racketeering activity” requires:
(1) Engaging in at least two incidents of racketeering conduct one of which shall have occurred after the effective date of this act and the last of which shall have occurred within 10 years (excluding any period of imprisonment) after a prior incident of racketeering activity; and
(2) A showing that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.
e. “Unlawful debt” means a debt:
(1) Which was incurred or contracted in gambling activity which was in violation of the law of the United States, a state or political subdivision thereof; or
(2) Which is unenforceable under state or federal law in whole or in part as to principal or interest because of the laws relating to usury.
f. “Documentary material” includes any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic or recording or video tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form or other tangible item.
g. “Attorney General” includes the Attorney General of New Jersey, his assistants and deputies. The term shall also include a county prosecutor or his designated assistant prosecutor if a county prosecutor is expressly authorized in writing by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.
h. “Trade or commerce” shall include all economic activity involving or relating to any commodity or service.
amended 1987, c.106, s.7; 1995, c.110; 1999, c.25, s.5; 2002, c.26, s.18; 2005, c.77, s.3; 2007, c.341, s.4; 2015, c.85, s.3.