N.Y. Penal Law 460.40 – Enterprise corruption; jurisdiction
§ 460.40 Enterprise corruption; jurisdiction.
Terms Used In N.Y. Penal Law 460.40
- 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.
A person may be prosecuted for enterprise corruption:
1. in any county in which the principal place of business, if any, of the enterprise was located at the time of the offense, and, if the enterprise had a principal place or business located in more than one county, then in any such county in which any conduct occurred constituting or requisite to the completion of the offense of enterprise corruption; or
2. in any county in which any act included in the pattern of criminal activity could have been prosecuted pursuant to Article twenty of the criminal procedure law; provided, however, that such person may not be prosecuted for enterprise corruption in such county based on this subdivision if the jurisdiction of such county is based solely on § 20.60 of the criminal procedure law; or
3. in any county in which he:
(a) conducts or participates in the affairs of the enterprise in violation of subdivision one of section 460.20 of this article,
(b) acquires or maintains an interest in or control of the enterprise in violation of subdivision one of section 460.20 of this article,
(c) invests proceeds in an enterprise in violation of subdivision one of section 460.20 of this article; or
4. in any county in which the conduct of the actor had or was likely to have a particular effect upon such county or a political subdivision or part thereof, and was performed with intent that it would, or with knowledge that it was likely to, have such particular effect therein.