SB 1239 — unauthorized racing meetings; penalties; racketeering.

18.

"Firm" means a business unit or enterprise that transacts business.

19.

"Handle" means the total amount of money contributed to all pari-mutuel pools by bettors.

20.

"Harness racing" means horse racing in which the horses are harnessed to a sulky, carriage or similar vehicle and driven by a driver.

21.

"Horse racing" means racing in which horses are mounted and ridden by jockeys.

For purposes of county fair racing meetings, "horse racing" means racing in which horses or mules are mounted and ridden by jockeys.

22.

"License" means the license issued by the department to each employee or other person participating in any capacity in a racing meeting, including officials and employees of the pari-mutuel department.

23.

"Pari-mutuel wagering" means a system of betting that provides for the distribution among the winning patrons of at least the total amount wagered less the amount withheld under state law.

24.

"Permit" means a permit for a racing meeting issued under the provisions of this article.

25.

"Racing meeting" means a number of days of racing allotted by the commission in one permit.

26.

"Simulcast" means the telecast shown within this state of live audio and visual signals of horse, harness or dog races conducted at an out-of-state track or the telecast shown outside this state of live audio and visual signals of horse or harness races originating within this state for the purpose of pari-mutuel wagering.

27.

"Source market fee" means the fee that an advance deposit wagering provider pays to a commercial permittee in the state where the advance deposit wagering customer resides.

28.

"Telephone" means any device that a person uses for voice communications in connection with the services of a telephone company.

30.  "Undesirable""unauthorized includesracing knownmeeting" bookmakers,means touts, persons convicted of a violation of any provisionracing ofmeeting thisconducted articleoutside or of any law prohibiting bookmaking or any other illegal forms of wagering, or any other person whose presence would, in the opinionbounds of thea director,permit. be inimical to the interests of the state.

29.

31.  "Week""Undesirable" meansincludes sevenknown consecutivebookmakers, daystouts, beginningpersons onconvicted Mondayof anda endingviolation onof Sunday,any mountainprovision standardof time.this article or of any law prohibiting bookmaking or any other illegal forms of wagering, or any other person whose presence would, in the opinion of the director, be inimical to the interests of the state.

END_STATUTE30. Sec. 2.  Section 5-107.01, Arizona Revised Statutes, is amended to read:

START_STATUTE5-107.01.  Necessity31. for permits for racing meetings;

"Week" means seven consecutive days beginning on Monday and ending on Sunday, mountain standard time.

END_STATUTE Sec. 2.

Section 5-107.01, Arizona Revised Statutes, is amended to read:

START_STATUTE5-107.01.

Necessity for permits for racing meetings;

classification A.  AA. person, association or corporation shall not hold any racing meeting without having first obtained and having in full force and effect a permit that is issued by the department.

B.  AA trainer,person, driver,association jockey, apprentice jockey, horse owner, exercise rider, agent, jockey's agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable watchman, starter, timer, judge, food and beverage concessionaire, manager or othercorporation personshall actingnot ashold a participant or official at any racing meeting including all employees of the pari‑mutuel department and any other person or official the department deems proper shall not participate in racing meetings without having first obtained and having in full force and effect a licensepermit or credentials that areis issued by the department, pursuant to such rules as the commission shall make.  The department shall not revoke a license except for cause and after a hearing.  C.  Each person, association or corporation that holds a permit or a license under this chapter shall comply with all rules and orders of the commission or department.

D.  AnyB. credential or license that is issued by the department to a licensee shall be used only as prescribed by commission rule or order of the director.  Use for purposes other than those prescribed is grounds for suspension or revocation or imposition of a civil penalty as provided in section 5‑108.02, subsection E.

E.  AllA applicantstrainer, fordriver, ajockey, permitapprentice orjockey, licensehorse shallowner, submitexercise torider, theagent, departmentjockey's aagent, fullstable setforeman, ofgroom, fingerprints,valet, backgroundveterinarian, informationhorseshoer, andsteward, thestable feeswatchman, thatstarter, aretimer, requiredjudge, pursuantfood toand sectionbeverage 41‑1750. concessionaire, Themanager departmentor ofother gamingperson shallacting submitas thea fingerprintsparticipant toor theofficial departmentat ofany publicracing safetymeeting forincluding theall purposeemployees of obtainingthe apari-mutuel statedepartment and federalany criminalother recordsperson checkor pursuantofficial tothe section 41‑1750 and Public Law 92‑544.  The department ofdeems publicproper safetyshall maynot exchangeparticipate thisin fingerprintracing datameetings withwithout thehaving federalfirst bureauobtained ofand investigation.  Thehaving applicantin shallfull payforce the fingerprint fee and costseffect ofa thelicense backgroundor investigationcredentials in an amount that isare determinedissued by the department.  Fordepartment, suchpursuant purposeto thesuch departmentrules ofas gaming and the departmentcommission ofshall publicmake.  safetyThe maydepartment entershall intonot anrevoke intergovernmentala agreementlicense pursuantexcept tofor titlecause 11,and chapterafter 7,a articlehearing.  3.  TheC. fees shall be credited pursuant to section 35‑148.

F.  TheEach directorperson, mayassociation issue a temporary license to an owner, trainer, driver or jockeycorporation whothat isholds dulya licensedpermit in another jurisdiction for special races or special circumstances for a periodlicense ofunder notthis tochapter exceedshall thirtycomply days. with Theall directorrules mayand alloworders aof trainer so licensed to complete an application for a temporary license for an owner if the ownercommission isor notdepartment. immediately available to personally submit the application.

G.  AD. licensed owner, lessee or trainer of a qualified horse who has applied to a permittee to be stabled at a track and who has not been granted a stall shall not be prohibited from bringing the horse on the race grounds for the purpose of entering the animal in races that are held by the permittee or for the purposes of qualifying to race solely for the reason that the animal is not being stabled at the track if the owner, lessee or trainer is in compliance with rules adopted by the commission.

H.  AAny person,credential association or corporationlicense that KNOWINGLYis holdsissued anby UNAUTHORIZEDthe racingdepartment meetingto isa guiltylicensee ofshall abe classused 6only felony.as prescribed by commission rule or order of the director.

END_STATUTEUse Sec. 3.  Sectionfor 13-2301,purposes Arizonaother Revisedthan Statutes,those prescribed is amendedgrounds tofor read:suspension or revocation or imposition of a civil penalty as provided in section 5-108.02, subsection E.

START_STATUTE13-2301.  DefinitionsE. A.  For the purposes of sections 13‑2302, 13‑2303 and 13‑2304:

1.  "CollectAll anapplicants extensionfor a permit or license shall submit to the department a full set of credit"fingerprints, meansbackground information and the fees that are required pursuant to inducesection in41-1750.  anyThe waydepartment anyof persongaming shall submit the fingerprints to makethe repaymentdepartment of thatpublic extension.safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

2.  "Creditor"The meansapplicant anyshall personpay makingthe anfingerprint extensionfee ofand creditcosts orof anythe personbackground claiminginvestigation by,in underan oramount throughthat anyis persondetermined makingby anthe extensiondepartment. of credit.

3.  "Debtor"For meanssuch anypurpose personthe todepartment whom an extension of creditgaming isand made or any person who guarantees the repaymentdepartment of anpublic extensionsafety ofmay credit,enter orinto inan anyintergovernmental manneragreement undertakespursuant to indemnifytitle the11, creditorchapter against7, lossarticle resulting3. from the failure of any person to whom an extension is made to repay the extension.

4.  "ExtendThe credit"fees meansshall tobe makecredited orpursuant renew any loan or to entersection into35-148. any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

5.  "ExtortionateF. extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor when the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person or the reputation or property of any person.

6.  "ExtortionateThe means"director meansmay theissue use,a ortemporary license to an expressowner, trainer, driver or implicitjockey threatwho ofis use,duly oflicensed violencein another jurisdiction for special races or otherspecial criminalcircumstances meansfor a period of not to causeexceed harmthirty days.  The director may allow a trainer so licensed to thecomplete personan orapplication for a temporary license for an owner if the reputationowner oris propertynot ofimmediately anyavailable person.to personally submit the application.

7.  "RepaymentG. of any extension of credit" means the repayment, satisfaction or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

B.  ForA licensed owner, lessee or trainer of a qualified horse who has applied to a permittee to be stabled at a track and who has not been granted a stall shall not be prohibited from bringing the horse on the race grounds for the purpose of entering the animal in races that are held by the permittee or for the purposes of sectionqualifying 13‑2305,to 13‑2306race solely for the reason that the animal is not being stabled at the track if the owner, lessee or 13‑2307:trainer is in compliance with rules adopted by the commission.

1.  "DealerH. in property" means a person who buys and sells property as a business.

2.  "StolenA property"person, meansassociation propertyor ofcorporation anotherthat asKNOWINGLY definedholds inan sectionUNAUTHORIZED 13‑1801racing thatmeeting hasis beenguilty the subject of anya unlawfulclass taking.6 felony.

3.  "Traffic"END_STATUTE meansSec. 3. to sell, transfer, distribute, dispense or otherwise dispose of stolen property to another person, or to buy, receive, possess or obtain control of stolen property, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the property to another person.

C.  ForSection the13-2301, purposesArizona ofRevised thisStatutes, chapter:is amended to read:

1.  "AnimalSTART_STATUTE13-2301. activity" means a commercial enterprise that uses animals for food, clothing or fiber production, agriculture or biotechnology.

2.  "AnimalDefinitions facility"A. means a building or premises where a commercial activity in which the use of animals is essential takes place, including a zoo, rodeo, circus, amusement park, hunting preserve and horse and dog event.

3.  "AnimalFor or ecological terrorism" means any felony in violation of section 13‑2312, subsection B that involves at least three persons acting in concert, that involves the intentionalpurposes or knowing infliction of propertysections damage13-2302, in13-2303 an amount of more than $10,000 to the property that is used by a person for the operation of a lawfully conducted animal activity or to a commercial enterprise that is engaged in a lawfully operated animal facility or research facility and that13-2304: involves either:

(a)  The1. use of a deadly weapon or dangerous instrument.

(b)  The"Collect intentionalan orextension knowing infliction of seriouscredit" physicalmeans injuryto oninduce a person engaged in aany lawfullyway conductedany animalperson activityto ormake participatingrepayment inof athat lawfullyextension. conducted animal facility or research facility.

4.  "Biological2. agent" means any microorganism, virus, infectious substance or biological product that may be engineered through biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance or biological product and that is capable of causing any of the following:

(a)  Death,"Creditor" diseasemeans orany physicalperson injurymaking inan aextension human,of animal,credit plantor any person claiming by, under or otherthrough livingany organism.person making an extension of credit.

(b)  The3. deterioration or contamination of air, food, water, equipment, supplies or material of any kind.

5.  "Combination""Debtor" means personsany whoperson collaborateto inwhom carryingan onextension orof furtheringcredit theis activitiesmade or purposesany ofperson awho criminalguarantees syndicatethe evenrepayment thoughof suchan personsextension mayof notcredit, knowor each other's identity, membership in theany combinationmanner changesundertakes from time to timeindemnify orthe onecreditor oragainst moreloss membersresulting mayfrom standthe infailure aof wholesaler‑retailerany orperson otherto arm'swhom lengthan relationshipextension withis othersmade as to activitiesrepay orthe dealingsextension. between or among themselves in an illicit operation.

6.  "Communication4. service provider" has the same meaning prescribed in section 13‑3001.

7.  "Criminal"Extend syndicate"credit" means anyto combinationmake ofor personsrenew any loan or enterprisesto engaging,enter into any agreement, tacit or havingexpress, whereby the purposerepayment ofor engaging,satisfaction onof aany continuingdebt basisor inclaim, conductwhether thatacknowledged violatesor anydisputed, onevalid or moreinvalid, provisionsand ofhowever anyarising, felonymay statuteor ofshall thisbe state.deferred.

8.  "Explosive5. agent" means an explosive as defined in section 13‑3101 and flammable fuels or fire accelerants in amounts over fifty gallons but excludes:

(a)  Fireworks"Extortionate asextension definedof credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor when the extension is made that delay in sectionmaking 36‑1601.repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person or the reputation or property of any person.

(b)  Firearms.6.

(c)  A"Extortionate propellantmeans" actuatedmeans devicethe use, or propellantan actuatedexpress industrialor tool.implicit threat of use, of violence or other criminal means to cause harm to the person or the reputation or property of any person.

(d)  A7. device that is commercially manufactured primarily for the purpose of illumination.

(e)  A"Repayment rocketof havingany aextension propellantof chargecredit" means the repayment, satisfaction or discharge in whole or in part of lessany thandebt fouror ounces.claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

9.  "MaterialB. support or resources" includes money or other financial securities, financial services, lodging, sustenance, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, disguises and other physical assets but does not include medical assistance, legal assistance or religious materials.

10.  "PublicFor establishment"the meanspurposes aof structure,section vehicle13-2305, or13-2306 craft that is owned, leased or operated13-2307: by any of the following:

(a)  This1. state or a political subdivision as defined in section 38‑502.

(b)  A"Dealer publicin agencyproperty" asmeans defineda inperson sectionwho 38‑502.buys and sells property as a business.

(c)  The2. federal government.

(d)  A"Stolen healthproperty" caremeans institutionproperty of another as defined in section 36‑401.13-1801 that has been the subject of any unlawful taking.

11.  "Research3. facility" means a laboratory, institution, medical care facility, government facility, public or private educational institution or nature preserve at which a scientific test, experiment or investigation involving the use of animals is lawfully carried out, conducted or attempted.

12.  "Terrorism""Traffic" means anyto felony,sell, includingtransfer, anydistribute, completeddispense or preparatoryotherwise offense,dispose thatof involvesstolen theproperty useto ofanother aperson, deadly weapon or ato weaponbuy, ofreceive, masspossess destruction or theobtain intentionalcontrol or knowing infliction of seriousstolen physicalproperty, injury with the intent to dosell, anytransfer, distribute, dispense or otherwise dispose of the following:property to another person.

(a)  InfluenceC. the policy or affect the conduct of this state or any of the political subdivisions, agencies or instrumentalities of this state.

(b)  CauseFor substantialthe damagepurposes to or substantial interruption of publicthis communications,chapter: communication service providers, public transportation, common carriers, public utilities, public establishments or other public services.

(c)  Intimidate1. or coerce a civilian population and further the goals, desires, aims, public pronouncements, manifestos or political objectives of any terrorist organization.

13.  "Terrorist"Animal organization"activity" means any organization that is designated by the United States department of state as a foreigncommercial terroristenterprise organizationthat underuses sectionanimals 219for offood, theclothing immigrationor andfiber nationalityproduction, actagriculture (8 Unitedor Statesbiotechnology. Code section 1189).

14.  "Toxin"2. means the toxic material of plants, animals, microorganisms, viruses, fungi or infectious substances or a recombinant molecule, whatever its origin or method of reproduction, including:

(a)  Any"Animal poisonousfacility" substancemeans a building or biologicalpremises productwhere thata maycommercial beactivity engineeredin throughwhich biotechnologythe anduse thatof animals is producedessential bytakes place, including a livingzoo, organism.rodeo, circus, amusement park, hunting preserve and horse and dog event.

(b)  Any3. poisonous isomer or biological product, homolog or derivative of such a substance.

15.  "Vector""Animal or ecological terrorism" means aany livingfelony organismin orviolation molecule,of includingsection a13-2312, recombinantsubsection moleculeB orthat biologicalinvolves productat least three persons acting in concert, that mayinvolves bethe engineeredintentional throughor biotechnology,knowing infliction of property damage in an amount of more than $10,000 to the property that is capableused ofby carryinga person for the operation of a biologicallawfully agentconducted oranimal toxinactivity or to a host.commercial enterprise that is engaged in a lawfully operated animal facility or research facility and that involves either:

16.  "Weapon(a) The use of massa destruction"deadly means:weapon or dangerous instrument.

(a)  Any(b) deviceThe orintentional object that is designed or thatknowing theinfliction personof intends to use to cause multiple deaths or serious physical injuriesinjury throughon thea useperson ofengaged anin explosivea agentlawfully orconducted theanimal release,activity dissemination or impactparticipating ofin a toxin,lawfully biologicalconducted agentanimal orfacility poisonous chemical, or itsresearch precursor,facility. or any vector.

(b)  Except4. as authorized and used in accordance with a license, registration or exemption by the department of health services pursuant to section 30‑672, any device or object that is designed or that the person intends to use to release radiation or radioactivity at a level that is dangerous to human life.

D.  For"Biological theagent" purposesmeans any microorganism, virus, infectious substance or biological product that may be engineered through biotechnology or any naturally occurring or bioengineered component of sectionsany 13‑2312,microorganism, 13‑2313,virus, 13‑2314infectious substance or biological product and 13‑2315,that unlessis thecapable contextof otherwisecausing requires:any of the following:

1.  "Control",(a) inDeath, relationdisease toor anphysical enterprise,injury means the possession of sufficient means to permit allow substantial direction over the affairs of an enterprise and, in relationa tohuman, property,animal, meansplant toor acquireother orliving possess.organism.

2.  "Enterprise"(b) meansThe anydeterioration corporation,or partnership,contamination association,of laborair, unionfood, orwater, otherequipment, legalsupplies entity or anymaterial group of personsany associatedkind. in fact although not a legal entity.

3.  "Financial5. institution" means a banking or securities regulatory agency of the United States, a business coming within the definition of a bank, financial agency or financial institution as prescribed by 31 United States Code section 5312 or 31 Code of Federal Regulations section 1010.100 or a business under the jurisdiction of the securities division of the corporation commission, the state real estate department or the department of insurance and financial institutions.

4.  "Racketeering""Combination" means anypersons act,who includingcollaborate anyin preparatorycarrying oron completed offense, that is chargeable or indictablefurthering under the lawsactivities of the state or countrypurposes inof which the act occurred and, if the act occurred in a statecriminal orsyndicate countryeven otherthough thansuch thispersons state,may thatnot wouldknow beeach chargeableother's oridentity, indictablemembership underin the lawscombination ofchanges thisfrom statetime ifto thetime actor hadone occurredor in this state, and that would be punishable by imprisonment for more thanmembers onemay yearstand under the laws of this state and, if the act occurred in a statewholesaler-retailer or country other thanarm's thislength state,relationship underwith theothers lawsas ofto theactivities state or countrydealings inbetween which the act occurred, regardless of whether the act is charged or indicted,among andthemselves thein actan involvesillicit either:operation.

(a)  Terrorism,6. animal terrorism or ecological terrorism that results or is intended to result in a risk of serious physical injury or death.

(b)  Any"Communication ofservice theprovider" followinghas actsthe ifsame committedmeaning forprescribed financialin gain:section 13-3001.

(i)  Homicide.7.

(ii)  Robbery."Criminal syndicate" means 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.

(iii)  Kidnapping.8.

(iv)  Forgery."Explosive agent" means an explosive as defined in section 13-3101 and flammable fuels or fire accelerants in amounts over fifty gallons but excludes:

(v)  Theft.(a) Fireworks as defined in section 36-1601.

(vi)  Bribery.(b) Firearms.

(vii)  Gambling.(c) A propellant actuated device or propellant actuated industrial tool.

(viii)  Usury.(d) A device that is commercially manufactured primarily for the purpose of illumination.

(ix)  Extortion.(e) A rocket having a propellant charge of less than four ounces.

(x)  Extortionate9. extensions of credit.

(xi)  Prohibited"Material drugs,support marijuanaor resources" includes money or other prohibitedfinancial chemicalssecurities, financial services, lodging, sustenance, training, safehouses, false documentation or substances.identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, disguises and other physical assets but does not include medical assistance, legal assistance or religious materials.

(xii)  Trafficking10. in explosives, weapons or stolen property.

(xiii)  Participating"Public inestablishment" means a criminalstructure, syndicate.vehicle or craft that is owned, leased or operated by any of the following:

(xiv)  Obstructing(a) This state or hinderinga criminalpolitical investigationssubdivision oras prosecutions.defined in section 38-502.

(xv)  Asserting(b) falseA claims,public includingagency falseas claimsdefined assertedin throughsection fraud38-502. or arson.

(xvi)  Intentional(c) orThe recklessfederal falsegovernment. statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands.

(xvii)  Resale(d) ofA realtyhealth withcare intentinstitution toas defraud.defined in section 36-401.

(xviii)  Intentional11. or reckless fraud in the purchase or sale of securities.

(xix)  Intentional"Research facility" means a laboratory, institution, medical care facility, government facility, public or recklessprivate saleeducational ofinstitution unregisteredor securitiesnature preserve at which a scientific test, experiment or realinvestigation propertyinvolving securities.the use of animals is lawfully carried out, conducted or attempted.

(xx)  A12. scheme or artifice to defraud.

(xxi)  Obscenity."Terrorism" means any felony, including any completed or preparatory offense, that involves the use of a deadly weapon or a weapon of mass destruction or the intentional or knowing infliction of serious physical injury with the intent to do any of the following:

(xxii)  Sexual(a) exploitationInfluence the policy or affect the conduct of athis minor.state or any of the political subdivisions, agencies or instrumentalities of this state.

(xxiii)  Prostitution.(b) Cause substantial damage to or substantial interruption of public communications, communication service providers, public transportation, common carriers, public utilities, public establishments or other public services.

(xxiv)  Restraint(c) ofIntimidate trade or commercecoerce ina violationcivilian population and further the goals, desires, aims, public pronouncements, manifestos or political objectives of sectionany 34‑252.terrorist organization.

(xxv)  Terrorism.13.

(xxvi)  Money"Terrorist laundering.organization" means any organization that is designated by the United States department of state as a foreign terrorist organization under section 219 of the immigration and nationality act (8 United States Code section 1189).

(xxvii)  Obscene14. or indecent telephone communications to minors for commercial purposes.

(xxviii)  Counterfeiting"Toxin" marksmeans asthe proscribedtoxic inmaterial sectionof 44‑1453.plants, animals, microorganisms, viruses, fungi or infectious substances or a recombinant molecule, whatever its origin or method of reproduction, including:

(xxix)  Animal(a) terrorismAny poisonous substance or ecologicalbiological terrorism.product that may be engineered through biotechnology and that is produced by a living organism.

(xxx)  Smuggling(b) Any poisonous isomer or biological product, homolog or derivative of humansuch beings.a substance.

(xxxi)  Child15. sex trafficking.

(xxxii)  Sex"Vector" trafficking.means a living organism or molecule, including a recombinant molecule or biological product that may be engineered through biotechnology, that is capable of carrying a biological agent or toxin to a host.

(xxxiii)  Trafficking16. of persons for forced labor or services.

(xxxiv)  Manufacturing,"Weapon selling or distributing misbranded drugs in violation of sectionmass 13‑3406,destruction" subsectionmeans: A, paragraph 9.

(xxxv)  holding(a) Any device or object that is designed or that the person intends to use to cause multiple deaths or serious physical injuries through the use of an unauthorizedexplosive racingagent meetingor asthe proscribedrelease, indissemination sectionor 5-107.01.impact of a toxin, biological agent or poisonous chemical, or its precursor, or any vector.

5.  "Records"(b) meansExcept anyas book,authorized paper,and writing,used computerin program,accordance data,with imagea license, registration or informationexemption by the department of health services pursuant to section 30-672, any device or object that is collected,designed recorded,or preservedthat the person intends to use to release radiation or maintainedradioactivity inat anya formlevel ofthat storageis medium.dangerous to human life.

6.  "RemedyD. racketeering" means to enter a civil judgment pursuant to this chapter or chapter 39 of this title against property or a person who is subject to liability, including liability for injury to the state that is caused by racketeering or by actions in concert with racketeering.

E.  ForFor the purposes of sections 13‑2316,13-2312, 13‑2316.0113-2313, 13-2314 and 13‑2316.02:13-2315, unless the context otherwise requires:

1.  "Access"1. means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or network.

2.  "Access"Control", device"in meansrelation anyto card,an token,enterprise, code,means accountthe number,possession electronicof serialsufficient number,means mobileto orpermit personalallow identificationsubstantial number,direction password,over encryptionthe key,affairs biometric identifier or other means of accountan access,enterprise includingand, a canceled or revoked access device, that can be used alone or in conjunctionrelation withto anotherproperty, accessmeans device to obtainacquire money, goods, services, computer or networkpossess. access or any other thing of value or that can be used to initiate a transfer of any thing of value.

3.  "Computer"2. means an electronic device that performs logic, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

4.  "Computer"Enterprise" contaminant" means any setcorporation, ofpartnership, computerassociation, instructionslabor thatunion is designed to modify, damage, destroy, record or transmitother informationlegal withinentity a computer, computer system or networkany without the intent or permission of the owner of the information, computer system or network.  Computer contaminant includes a group of computerpersons instructions,associated such as viruses or worms, that is self‑replicating or self‑propagating and that is designed to contaminate other computer programs or computer data, to consume computer resources, to modify, destroy, record or transmit data or in somefact otheralthough fashionnot toa usurplegal theentity. normal operation of the computer, computer system or network.

5.  "Computer3. program" means a series of instructions or statements, in a form acceptable to a computer, that permits allow the functioning of a computer system in a manner designed to provide appropriate products from the computer system.

6.  "Computer"Financial software"institution" means a setbanking ofor computersecurities programs,regulatory proceduresagency andof associatedthe documentationUnited concernedStates, witha business coming within the operationdefinition of a computerbank, system.financial agency or financial institution as prescribed by 31 United States Code section 5312 or 31 Code of Federal Regulations section 1010.100 or a business under the jurisdiction of the securities division of the corporation commission, the state real estate department or the department of insurance and financial institutions.

7.  "Computer4. system" means a set of related, connected or unconnected computer equipment, devices and software, including storage, media and peripheral devices.

8.  "Critical"Racketeering" infrastructure resource" means any computeract, orincluding communicationsany systempreparatory or networkcompleted offense, that is involvedchargeable inor providingindictable servicesunder necessarythe tolaws ensureof the state or protectcountry in which the publicact health,occurred safetyand, if the act occurred in a state or welfare,country includingother servicesthan this state, that arewould providedbe chargeable or indictable under the laws of this state if the act had occurred in this state, and that would be punishable by anyimprisonment for more than one year under the laws of this state and, if the following:act occurred in a state or country other than this state, under the laws of the state or country in which the act occurred, regardless of whether the act is charged or indicted, and the act involves either:

(a)  Medical(a) personnelTerrorism, andanimal institutions.terrorism or ecological terrorism that results or is intended to result in a risk of serious physical injury or death.

(b)  Emergency(b) servicesAny agencies.of the following acts if committed for financial gain:

(c)  Public(i) andHomicide. private utilities, including water, power, communications and transportation services.

(d)  Fire(ii) departments,Robbery. districts or volunteer organizations.

(e)  Law(iii) enforcementKidnapping. agencies.

(f)  Financial(iv) institutions.Forgery.

(g)  Public(v) educationalTheft. institutions.

(h)  Government(vi) agencies.Bribery.

9.  "False(vii) orGambling. fraudulent pretense" means the unauthorized use of an access device or the use of an access device to exceed authorized access.

10.  "Financial(viii) instrument"Usury. means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security or any other written instrument as defined in section 13‑2001 that is transferable for value.

11.  "Network"(ix) includesExtortion. a complex of interconnected computer or communication systems of any type.

12.  "Property"(x) meansExtortionate financialextensions instruments, information, including electronically produced data, computer software and programs in either machine or human readable form, and anything of value,credit. tangible or intangible.

13.  "Proprietary(xi) orProhibited confidentialdrugs, computermarijuana security information" means information about a particular computer, computer system or networkother thatprohibited relateschemicals to its access devices, security practices, methods and systems, architecture, communications facilities, encryption methods and system vulnerabilities and that is not made available to the public by its owner or operator.substances.

14.  "Services"(xii) includesTrafficking computerin time,explosives, dataweapons processing,or storagestolen functionsproperty. and all types of communication functions.

(xiii) Participating in a criminal syndicate.

(xiv) Obstructing or hindering criminal investigations or prosecutions.

(xv) Asserting false claims, including false claims asserted through fraud or arson.

(xvi) Intentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands.

(xvii) Resale of realty with intent to defraud.

(xviii) Intentional or reckless fraud in the purchase or sale of securities.

(xix) Intentional or reckless sale of unregistered securities or real property securities.

(xx) A scheme or artifice to defraud.

(xxi) Obscenity.

(xxii) Sexual exploitation of a minor.

(xxiii) Prostitution.

(xxiv) Restraint of trade or commerce in violation of section 34-252.

(xxv) Terrorism.

(xxvi) Money laundering.

(xxvii) Obscene or indecent telephone communications to minors for commercial purposes.

(xxviii) Counterfeiting marks as proscribed in section 44-1453.

(xxix) Animal terrorism or ecological terrorism.

(xxx) Smuggling of human beings.

(xxxi) Child sex trafficking.

(xxxii) Sex trafficking.

(xxxiii) Trafficking of persons for forced labor or services.

(xxxiv) Manufacturing, selling or distributing misbranded drugs in violation of section 13-3406, subsection A, paragraph 9.

(xxxv) holding an unauthorized racing meeting as proscribed in section 5-107.01.

5.

"Records" means any book, paper, writing, computer program, data, image or information that is collected, recorded, preserved or maintained in any form of storage medium.

6.

"Remedy racketeering" means to enter a civil judgment pursuant to this chapter or chapter 39 of this title against property or a person who is subject to liability, including liability for injury to the state that is caused by racketeering or by actions in concert with racketeering.

E.

For the purposes of sections 13-2316, 13-2316.01 and 13-2316.02:

1.

"Access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or network.

2.

"Access device" means any card, token, code, account number, electronic serial number, mobile or personal identification number, password, encryption key, biometric identifier or other means of account access, including a canceled or revoked access device, that can be used alone or in conjunction with another access device to obtain money, goods, services, computer or network access or any other thing of value or that can be used to initiate a transfer of any thing of value.

3.

"Computer" means an electronic device that performs logic, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

4.

"Computer contaminant" means any set of computer instructions that is designed to modify, damage, destroy, record or transmit information within a computer, computer system or network without the intent or permission of the owner of the information, computer system or network.

Computer contaminant includes a group of computer instructions, such as viruses or worms, that is self-replicating or self-propagating and that is designed to contaminate other computer programs or computer data, to consume computer resources, to modify, destroy, record or transmit data or in some other fashion to usurp the normal operation of the computer, computer system or network.

5.

"Computer program" means a series of instructions or statements, in a form acceptable to a computer, that permits allow the functioning of a computer system in a manner designed to provide appropriate products from the computer system.

6.

"Computer software" means a set of computer programs, procedures and associated documentation concerned with the operation of a computer system.

7.

"Computer system" means a set of related, connected or unconnected computer equipment, devices and software, including storage, media and peripheral devices.

8.

"Critical infrastructure resource" means any computer or communications system or network that is involved in providing services necessary to ensure or protect the public health, safety or welfare, including services that are provided by any of the following:

(a) Medical personnel and institutions.

(b) Emergency services agencies.

(c) Public and private utilities, including water, power, communications and transportation services.

(d) Fire departments, districts or volunteer organizations.

(e) Law enforcement agencies.

(f) Financial institutions.

(g) Public educational institutions.

(h) Government agencies.

9.

"False or fraudulent pretense" means the unauthorized use of an access device or the use of an access device to exceed authorized access.

10.

"Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security or any other written instrument as defined in section 13-2001 that is transferable for value.

11.

"Network" includes a complex of interconnected computer or communication systems of any type.

12.

"Property" means financial instruments, information, including electronically produced data, computer software and programs in either machine or human readable form, and anything of value, tangible or intangible.

13.

"Proprietary or confidential computer security information" means information about a particular computer, computer system or network that relates to its access devices, security practices, methods and systems, architecture, communications facilities, encryption methods and system vulnerabilities and that is not made available to the public by its owner or operator.

14.

"Services" includes computer time, data processing, storage functions and all types of communication functions.