Criminal Syndicate Crimes: A.R.S. 13-2308
Arizona aggressively prosecutes those involved in organized crime, as such offenses are often particularly serious. As with crimes committed by criminal street gangs, criminal syndicate crimes often include such offenses as homicide, major drug or weapon offenses, and assault. Unlike gangs, criminal syndicates tend to display a higher level of organization or sophistication in their crimes, committing other crimes not as associated with street gangs, such as money laundering and racketeering.
State law defines a criminal syndicate as any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct that violates any one or more provisions of any felony statute of this state.
The laws surrounding criminal syndicates can be found in A.R.S. 13-2308. When proving the combination of individuals or enterprises involved when convicting for criminal syndicate crimes, the use of a common name or common identifying sign or symbol is considered to be admissible and may be considered.
Participating in a Criminal Syndicate
A person commits participating in a criminal syndicate by any of the following:
- Intentionally organizing, managing, directing, supervising, or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate.
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- This is a class 2 felony.
- Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate.
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- This is a class 2 felony.
- Furnishing advice or direction in the conduct, financing, or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate.
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- This is a class 2 felony.
- Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty.
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- This is a class 2 felony.
- Hiring, engaging, or using a minor for any conduct preparatory to or in completion of any offense in this section.
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- This is a class 2 felony, but the offender will not be eligible for probation, pardon, suspension of sentence, or release on any basis until the person has served the sentence imposed by the court or the sentence is commuted.
An individual will not be convicted for participating in a criminal syndicate on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified above.
Assisting a Criminal Syndicate
A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate.
Assisting a criminal syndicate is a class 4 felony.
Penalties
First-time offenders can face incarceration of up to 3.75 years for class 4 felonies and 12.5 years for class 2 felonies. However, if any offenses are classified as dangerous offenses, this time can increase to 8 years for class 4 felonies and 21 years for class 2 felonies.
Repeat offenders will face even lengthier sentences.
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