946.85 Continuing criminal enterprise.
(1) Any person who engages in a continuing criminal enterprise is guilty of a Class E felony.
(2) In this section a person is considered to be engaged in a continuing criminal enterprise, if he or she engages in a prohibited activity under s. 946.83, and:
(a) The activity is undertaken by the person in concert with 5 or more other persons, each of whom acted with intent to commit a crime and with respect to whom the person occupies a supervisory position; and
(b) The person obtains gross income or resources in excess of $25,000 from the activity.
History: 1981 c. 280; 1997 a. 283; 2001 a. 109.
There are three separate offenses chargeable under this section, each requiring proof of a fact the others do not. Prosecution of continuing criminal enterprise violations and the predicate offenses does not violate double jeopardy. State v. Evers, 163 Wis. 2d 725, 472 N.W.2d 828 (Ct. App. 1991).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 946 - Crimes against government and its administration.
946.06 - Improper use of the flag.
946.10 - Bribery of public officers and employees.
946.11 - Special privileges from public utilities.
946.12 - Misconduct in public office.
946.13 - Private interest in public contract prohibited.
946.14 - Purchasing claims at less than full value.
946.16 - Judicial officer collecting claims.
946.17 - Corrupt means to influence legislation; disclosure of interest.
946.18 - Misconduct sections apply to all public officers.
946.40 - Refusing to aid officer.
946.41 - Resisting or obstructing officer.
946.415 - Failure to comply with officer's attempt to take person into custody.
946.425 - Failure to report to jail.
946.43 - Assaults by prisoners.
946.44 - Assisting or permitting escape.
946.45 - Negligently allowing escape.
946.46 - Encouraging violation of probation, extended supervision or parole.
946.465 - Refusing or tampering with a global positioning system tracking device.
946.47 - Harboring or aiding felons.
946.48 - Kidnapped or missing persons; false information.
946.495 - Violation of nonsecure custody order.
946.52 - Failure to submit biological specimen.
946.60 - Destruction of documents subject to subpoena.
946.61 - Bribery of witnesses.
946.64 - Communicating with jurors.
946.66 - False complaints of police misconduct.
946.68 - Simulating legal process.
946.70 - Impersonating peace officers, fire fighters, or other emergency personnel.
946.71 - Unlawful use of license for carrying concealed weapons.
946.72 - Tampering with public records and notices.
946.73 - Penalty for violating laws governing state or county institutions.
946.74 - Aiding escape from mental institutions.
946.75 - Denial of right of counsel.
946.76 - Search warrant; premature disclosure.
946.78 - False statement regarding military service.
946.79 - False statements to financial institutions.
946.83 - Prohibited activities.
946.85 - Continuing criminal enterprise.
946.86 - Criminal forfeitures.
946.88 - Enforcement and jurisdiction.
946.90 - Wisconsin Works fraud.