Idaho Code
Idaho Code

Idaho Code § 18-7804 (2026)

Prohibited activities — Penalties. 

✓ current as of May 2026
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Prohibited activities — Penalties. 

(a) It is unlawful for any person who has received any proceeds derived directly or indirectly from a pattern of racketeering activity in which the person has participated, to use or invest, directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any interest in, or the establishment or operation of, any enterprise or real property. Whoever violates this subsection is guilty of a felony.

(b)  It is unlawful for any person to engage in a pattern of racketeering activity in order to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property. Whoever violates this subsection is guilty of a felony.
(c)  It is unlawful for any person employed by or associated with any enterprise to conduct or participate, directly or indirectly, in the conduct of the affairs of such enterprise by engaging in a pattern of racketeering activity. Whoever violates the provisions of this subsection is guilty of a felony.
(d)  It is unlawful for any person to conspire to violate any of the provisions of subsections (a) through (c) of this section. Whoever violates the provisions of this subsection is guilty of a felony.
(e)  Whoever violates the provisions of this act is punishable by a fine not to exceed twenty-five thousand dollars ($25,000) and/or imprisonment not to exceed a term of fourteen (14) years in the Idaho state penitentiary.
(f)  Upon a conviction of a violation under the provisions of this chapter, the court may order restitution for all costs and expenses of prosecution and investigation, pursuant to the terms and conditions set forth in section 37-2732(k), Idaho Code.
(g)  In addition to any other penalties prescribed by law, whoever violates any provisions of this act shall forfeit to the state of Idaho:
(1)  Any interest acquired or maintained in violation of the racketeering act; and
(2)  Any interest in, security of, claim against or property or contractual right of any kind affording a source of influence over any enterprise which he has established, operated, controlled, conducted or participated in the conduct of in violation of the provisions of the racketeering act.
(h)  In any action brought by the state under the racketeering act, the district court shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under the provisions of this section, as it shall deem proper.
(i)  Upon conviction of a person under the provisions of this section, the court shall authorize the attorney general or the proper prosecuting attorney to seize all property or other interest declared forfeited under the provisions of this section upon such terms and conditions as the court shall deem proper, making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the convicted person, it shall expire and shall not revert to the convicted person.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1992–2026 · leading case: State v. Hoyle, 99 P.3d 1069 (Idaho 2004).
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State v. Hoyle, 99 P.3d 1069 (Idaho 2004). · cites it 20× “In addition, the State alleged that Hoyle had committed the crime of racketeering under both the "investment" theory ( Idaho Code § 18-7804 (a)) and the "participation" theory ( Idaho Code § 18-7804 (c)).”
State v. Beard, 22 P.3d 116 (Idaho Ct. App. 2001). · cites it 10× “See I.C. § 18-7804(f), (g). For purposes of clarification on remand, however, this Court will address Beard’s argument on appeal that the state’s request for forfeiture was untimely filed.”
State v. Gertsch, 49 P.3d 392 (Idaho 2002). · cites it 14× “On appeal, the State conceded that Gertsch’s conviction for racketeering under I.C. § 18-7804(c) should be reversed due to insufficient evidence.”
State v. Manzanares, 272 P.3d 382 (Idaho 2012). · cites it 4× “(m) Gambling, as provided in section 18-3802, Idaho Code; (n) Kidnapping, as provided in sections 18-4501 through 18-4503, Idaho Code; (o) Mayhem, as provided in section 18-5001, Idaho Code; (p) Prostitution, as provided in sections 18-5601 through 18-5614, Idaho Code; (q) Rape,…”
State v. Nunez, 981 P.2d 738 (Idaho 1999). · cites it 8× “Subsection (c) of Idaho Code § 18-7804 , like 18 U.S.C. § 1962 (c), makes it “unlawful for any person employed by or associated with any enterprise to conduct or participate, directly or indirectly, in the conduct of the affairs of such enterprise by engaging in a pattern of…”
Mannos v. Moss, 155 P.3d 1166 (Idaho 2007). · cites it 4× “Idaho Code § 18-7804 (c) provides: It is unlawful for any person employed by or associated with any enterprise to conduct or participate, directly or indirectly, in the conduct of the affairs of such enterprise by engaging in a pattern of racketeering activity.”
State v. Jamie Lee Nelson, 390 P.3d 418 (Idaho 2017). · cites it 2× “providing as follows: Upon conviction of a felony or misdemeanor violation under this chapter or upon conviction of a felony pursuant to the “racketeering act,” section 18-7804, Idaho Code, or the money laundering and illegal investment provisions of section 18-8201, Idaho Code,…”
State v. Jeremy York Cunningham, 390 P.3d 424 (Idaho 2017). · cites it 2× “providing as follows: Upon conviction of a felony or misdemeanor violation under this chapter or upon conviction of a felony pursuant to the “racketeering act,” section 18-7804, Idaho Code, or the money laundering and illegal investment provisions of section 18-8201, Idaho Code,…”
State v. Hansen, 877 P.2d 898 (Idaho 1994). · cites it 4× “105 § 1 to include the phrase "or upon conviction of a felony pursuant to the ‘racketeering act,’ section 18-7804, Idaho Code, or the money laundering and illegal investment provisions of section 18-8201, Idaho code[.”
Pimper v. State Ex Rel. Simpson, 555 S.E.2d 459 (Ga. 2001). · cites it 2× “[6] Because of the criminal nature of in personam forfeitures, there are serious constitutional ramifications when in personam proceedings are initiated against individuals who have not been indicted or convicted of any criminal activity.”
State v. Thomas Campbell Kelley, 390 P.3d 412 (Idaho 2017). · cites it 2× “That statute permits the State to recoup its prosecution costs as restitution, providing as follows: Upon conviction of a felony or misdemeanor violation under this chapter or upon conviction of a felony pursuant to the “racketeering act,” section 18-7804, Idaho Code, or the…”
Hoyle v. Ada Cnty., 501 F.3d 1053 (9th Cir. 2007). · cites it 2× “§ 18-7804 (a), which provides in pertinent part: It is unlawful for any person who has received any proceeds derived directly or indirectly from a pattern of racketeering activity in which the person has participated, to use or invest, directly or indirectly, any part of the…”
Show all 19 citing cases →
— Idaho Code § 18-7804(c) — 3 cases
State v. Gertsch, 49 P.3d 392 (Idaho 2002). “On appeal, the State conceded that Gertsch’s conviction for racketeering under I.C. § 18-7804(c) should be reversed due to insufficient evidence.”
State v. Nunez, 981 P.2d 738 (Idaho 1999). “Subsection (c) of Idaho Code § 18-7804 , like 18 U.S.C. § 1962 (c), makes it “unlawful for any person employed by or associated with any enterprise to conduct or participate, directly or indirectly, in the conduct of the affairs of such enterprise by engaging in a pattern of…”
State v. Hansen, 877 P.2d 898 (Idaho 1994). “105 § 1 to include the phrase "or upon conviction of a felony pursuant to the ‘racketeering act,’ section 18-7804, Idaho Code, or the money laundering and illegal investment provisions of section 18-8201, Idaho code[.”
— Idaho Code § 18-7804(e) — 2 cases
State v. Gertsch, 49 P.3d 392 (Idaho 2002). “On appeal, the State conceded that Gertsch’s conviction for racketeering under I.C. § 18-7804(c) should be reversed due to insufficient evidence.”
State v. Nunez, 981 P.2d 738 (Idaho 1999). “Subsection (c) of Idaho Code § 18-7804 , like 18 U.S.C. § 1962 (c), makes it “unlawful for any person employed by or associated with any enterprise to conduct or participate, directly or indirectly, in the conduct of the affairs of such enterprise by engaging in a pattern of…”
— Idaho Code § 18-7804(f) — 1 case
State v. Beard, 22 P.3d 116 (Idaho Ct. App. 2001). “See I.C. § 18-7804(f), (g). For purposes of clarification on remand, however, this Court will address Beard’s argument on appeal that the state’s request for forfeiture was untimely filed.”
— Idaho Code § 18-7804(g) — 1 case
State v. Beard, 22 P.3d 116 (Idaho Ct. App. 2001). “See I.C. § 18-7804(f), (g). For purposes of clarification on remand, however, this Court will address Beard’s argument on appeal that the state’s request for forfeiture was untimely filed.”
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