A. A person commits participating in a criminal syndicate by:
1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or
2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or
3. 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; or
4. 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; or
5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
B. A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified.
C. 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.
D. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony.
E. A violation of subsection A, paragraph 5 of this section is a class 2 felony and the person convicted is not 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.
F. Assisting a criminal syndicate is a class 4 felony.
G. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.
Notes of Decisions
Cited in
16
cases, 1987–2018 · leading case:
State v. Tocco, 750 P.2d 874 (Ariz. 1988).
State v. Tocco, 750 P.2d 874 (Ariz. 1988).
· cites it 28× “The amended information included one count of leading organized crime in violation of A.R.S. § 13-2308 and various other counts.”
State v. Tocco, 750 P.2d 868 (Ariz. Ct. App. 1988).
· cites it 45× “The state has appealed from the dismissal of count one of an amended information that charged defendant with leading organized crime, a class two felony, in violation of A.R.S. § 13-2308. 1 After a hearing on defendant’s motion to dismiss, the trial court ruled that the statute…”
State v. Booker, 135 P.3d 57 (Ariz. Ct. App. 2006).
· cites it 4× “§ 13-2310 (2001)), or participating in a criminal syndicate ( see A.R.S. § 13-2308 (2001)). Similarly, when police illegally search for evidence of one crime, but unlawfully seize evidence of another offense, there is no exception to the rule excluding the evidence in the…”
State v. Ramsey, 124 P.3d 756 (Ariz. Ct. App. 2005).
· cites it 2× “§ 13-2301(0(2), now (C)(4), in connection with criminalization of continuous course of conduct in A.R.S. § 13-2308). And, because the trial court properly stated the law, we find no error in the jury instructions it gave.”
State v. McCoy, 928 P.2d 647 (Ariz. Ct. App. 1996).
· cites it 7× “§ 13-2308. Participating in or assisting a criminal syndicate; leading or participad ing in a criminal street gang A.”
State v. Baldenegro, 932 P.2d 275 (Ariz. Ct. App. 1996).
· cites it 3× “§ 13-1209(A),(B)), three counts of aggravated assault (counts four, five, and six; § 13-1204(A)(2), (B)), and one count each of assisting a criminal syndicate (count seven; § 13-2308(C),(F),(H)), and participating in a criminal street gang (count seventeen; §…”
State v. Whalen, 961 P.2d 1051 (Ariz. Ct. App. 1997).
· cites it 2× “A.R.S. §§ 13-2308, 13-2311. Whalen raises a number of issues on appeal.”
State v. Ochoa, 943 P.2d 814 (Ariz. Ct. App. 1997).
“section 13-2308 defines that offense: C. 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.”
State v. Feld, 745 P.2d 146 (Ariz. Ct. App. 1987).
· cites it 2× “In Tocco, the defendant argued that the crime of leading organized crime, as set forth in A.R.S. § 13-2308, was unconstitutionally vague.”
State of Arizona v. Rey David Villegas, 281 P.3d 1059 (Ariz. Ct. App. 2012).
· cites it 6× “07, when, in fact, the statute governing his offenses mandated that his sentences be served in full, see A.R.S. § 13-2308(A), (E). Villegas argued his counsel had been ineffective and the court had erred in failing to advise him of the special sentencing provision in §…”
— Ariz. Rev. Stat. § 13-2308(A) — 3 cases
State v. McCoy, 928 P.2d 647 (Ariz. Ct. App. 1996).
“§ 13-2308. Participating in or assisting a criminal syndicate; leading or participad ing in a criminal street gang A.”
State v. Tocco, 750 P.2d 868 (Ariz. Ct. App. 1988).
“The state has appealed from the dismissal of count one of an amended information that charged defendant with leading organized crime, a class two felony, in violation of A.R.S. § 13-2308. 1 After a hearing on defendant’s motion to dismiss, the trial court ruled that the statute…”
State of Arizona v. Rey David Villegas, 281 P.3d 1059 (Ariz. Ct. App. 2012).
“07, when, in fact, the statute governing his offenses mandated that his sentences be served in full, see A.R.S. § 13-2308(A), (E). Villegas argued his counsel had been ineffective and the court had erred in failing to advise him of the special sentencing provision in §…”
— Ariz. Rev. Stat. § 13-2308(A)(1) — 2 cases
State v. Tocco, 750 P.2d 874 (Ariz. 1988).
“The amended information included one count of leading organized crime in violation of A.R.S. § 13-2308 and various other counts.”
State v. Tocco, 750 P.2d 868 (Ariz. Ct. App. 1988).
“The state has appealed from the dismissal of count one of an amended information that charged defendant with leading organized crime, a class two felony, in violation of A.R.S. § 13-2308. 1 After a hearing on defendant’s motion to dismiss, the trial court ruled that the statute…”
— Ariz. Rev. Stat. § 13-2308(A)(2) — 1 case
State v. Baldenegro, 932 P.2d 275 (Ariz. Ct. App. 1996).
“§ 13-1209(A),(B)), three counts of aggravated assault (counts four, five, and six; § 13-1204(A)(2), (B)), and one count each of assisting a criminal syndicate (count seven; § 13-2308(C),(F),(H)), and participating in a criminal street gang (count seventeen; §…”
— Ariz. Rev. Stat. § 13-2308(A)(3) — 1 case
State v. McCoy, 928 P.2d 647 (Ariz. Ct. App. 1996).
“§ 13-2308. Participating in or assisting a criminal syndicate; leading or participad ing in a criminal street gang A.”
— Ariz. Rev. Stat. § 13-2308(A)(4) — 1 case
— Ariz. Rev. Stat. § 13-2308(C) — 1 case
State v. Baldenegro, 932 P.2d 275 (Ariz. Ct. App. 1996).
“§ 13-1209(A),(B)), three counts of aggravated assault (counts four, five, and six; § 13-1204(A)(2), (B)), and one count each of assisting a criminal syndicate (count seven; § 13-2308(C),(F),(H)), and participating in a criminal street gang (count seventeen; §…”
— Ariz. Rev. Stat. § 13-2308(E) — 1 case
State of Arizona v. Rey David Villegas, 281 P.3d 1059 (Ariz. Ct. App. 2012).
“07, when, in fact, the statute governing his offenses mandated that his sentences be served in full, see A.R.S. § 13-2308(A), (E). Villegas argued his counsel had been ineffective and the court had erred in failing to advise him of the special sentencing provision in §…”
— Ariz. Rev. Stat. § 13-2308(F) — 1 case
State v. Baldenegro, 932 P.2d 275 (Ariz. Ct. App. 1996).
“§ 13-1209(A),(B)), three counts of aggravated assault (counts four, five, and six; § 13-1204(A)(2), (B)), and one count each of assisting a criminal syndicate (count seven; § 13-2308(C),(F),(H)), and participating in a criminal street gang (count seventeen; §…”
— Ariz. Rev. Stat. § 13-2308(G) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.