Criminal Profiteering
Cal. PEN § 186.2
California Statutes
For purposes of this chapter, the following
definitions apply: (a) “Criminal profiteering activity” means
an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:
(1) Arson, as defined in
Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as defined in subdivision (
b) of
Section 311.2, or
Section 311.3 or 311.4, which may be prosecuted as a felony.
(4) Felonious assault, as defined in
Section 245.
(5) Embezzlement, as defined in Sections and 503.
(6) Extortion, as defined in
Section 518.
(7) Forgery, as defined in
Section 470.
(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and
Section 337i, except the activities of a person who participates solely as an individual bettor.
(9) Kidnapping, as defined in
Section 207.
(10) Mayhem, as defined in
Section 203.
(11) Murder, as defined in
Section 187.
(12) Pimping and pandering, as defined in
Section 266.
(13) Receiving stolen property, as defined in
Section 496.
(14) Robbery, as defined in
Section 211.
(15) Solicitation of crimes, as defined in
Section 653f.
(16) Grand theft, as defined in
Section or subdivision (
a) of
Section 487a.
(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as defined in
Section of the Corporations Code.
(19) Offenses contained in
Chapter 7.5 (commencing with
Section 311) of Title 9, relating to obscene matter, or in
Chapter 7.6 (commencing with
Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in
Section 550.
(21) False or fraudulent activities, schemes, or artifices, as described in
Section of the Welfare and Institutions Code.
(22) Money laundering, as defined in
Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as specified in
Section 350, or offenses relating to piracy, as specified in
Section 653w.
(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in
Section 502.
(25) Conspiracy to commit any of the crimes listed above, as defined in
Section 182.
(26) Subdivision (
a) of
Section 186.22, or a felony subject to enhancement as specified in subdivision (
b) of
Section 186.22.
(27) Offenses related to fraud or theft against the state’s beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with
Section 14500) of the Public Resources Code).
(28) Human trafficking, as defined in
Section 236.1.
(29) A crime in which the perpetrator induces, encourages, or persuades a person under years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
(31) Theft of personal identifying information, as defined in
Section 530.5.
(32) Offenses involving the theft of a motor vehicle, as specified in
Section of the Vehicle Code.
(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in
Section 266a. (34) (
A) Offenses relating to insurance fraud as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and of the Unemployment Insurance Code. (
B) Fraud offenses relating to COVID-19 pandemic-related insurance programs administered by the Employment Development Department. For the purposes of this subparagraph, “fraud offenses” includes the offenses specified in subparagraph (A). (b) (1) “Pattern of criminal profiteering activity” means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements: (
A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics. (
B) Are not isolated events. (
C) Were committed as a criminal activity of organized crime.
(2) Acts that would constitute a “pattern of criminal profiteering activity” shall not be used by a prosecuting agency to seek the remedies provided by this
chapter unless the underlying offense occurred after the effective date of this
chapter and the prior act occurred within years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act shall not be used by a prosecuting agency to seek remedies provided by this
chapter if a prosecution for that act resulted in an acquittal. (c) “Prosecuting agency” means the Attorney General or the district attorney of any county. (d) “Organized crime” means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of
Section 350, the piracy of a recording or audiovisual work in violation of
Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. “Organized crime” also means crime committed by a criminal street gang, as defined in subdivision (
f) of
Section 186.22. “Organized crime” also means false or fraudulent activities, schemes, or artifices, as described in
Section of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in
Section 530.5. (e) “Underlying offense” means an offense enumerated in subdivision (
a) for which the defendant is being prosecuted.