Indiana Code

Ind. Code § 35-45-6-1 (2026)

Definitions

✓ current as of May 2026

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Sec. 1. (a) The definitions in this section apply throughout this chapter.

(b) "Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form.

(1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or

(2) a union, an association, or a group, whether a legal entity or merely associated in fact.

(d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.

(e) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:

(1) A provision of IC 23-19, or of a rule or order issued under IC 23-19.

(2) A violation of IC 35-45-9.

(3) A violation of IC 35-47.

(4) A violation of IC 35-49-3.

(5) Murder (IC 35-42-1-1).

(6) Battery as a Class C felony before July 1, 2014, or a Level 5 felony after June 30, 2014 (IC 35-42-2-1).

(7) Kidnapping (IC 35-42-3-2).

(8) Human and sexual trafficking crimes (IC 35-42-3.5).

(9) Child exploitation (IC 35-42-4-4).

(10) Robbery (IC 35-42-5-1).

(11) Carjacking (IC 35-42-5-2) (before its repeal).

(12) Arson (IC 35-43-1-1).

(13) Burglary (IC 35-43-2-1).

(14) Theft (IC 35-43-4-2).

(15) Receiving stolen property (IC 35-43-4-2) (before its amendment on July 1, 2018).

(16) Forgery (IC 35-43-5-2).

(17) An offense under IC 35-43-5.

(18) Bribery (IC 35-44.1-1-2).

(19) Official misconduct (IC 35-44.1-1-1).

(20) Conflict of interest (IC 35-44.1-1-4).

(21) Perjury (IC 35-44.1-2-1).

(22) Obstruction of justice (IC 35-44.1-2-2).

(23) Intimidation (IC 35-45-2-1).

(24) Promoting prostitution (IC 35-45-4-4).

(25) Professional gambling (IC 35-45-5-3).

(26) Maintaining a professional gambling site (IC 35-45-5-3.5(b)).

(27) Promoting professional gambling (IC 35-45-5-4).

(28) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).

(29) Dealing in methamphetamine (IC 35-48-4-1.1).

(30) Manufacturing methamphetamine (IC 35-48-4-1.2).

(31) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).

(32) Dealing in a schedule IV controlled substance (IC 35-48-4-3).

(33) Dealing in a schedule V controlled substance (IC 35-48-4-4).

(34) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).

(35) Money laundering (IC 35-45-15-5).

(36) A violation of IC 35-47.5-5.

(37) A violation of any of the following:

(A) IC 23-14-48-9.

(B) IC 30-2-9-7(b).

(D) IC 30-2-13-38(f).

(38) Practice of law by a person who is not an attorney (IC 33-43-2-1).

(39) An offense listed in IC 35-48-4 involving the manufacture or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1.1-8), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6).

(40) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).

(41) Organized retail theft (IC 35-43-4-2.2).

As added by Acts 1980, P.L.199, SEC.2. Amended by P.L.190-1984, SEC.1; P.L.180-1991, SEC.10; P.L.230-1993, SEC.4; P.L.8-1993, SEC.511; P.L.112-1998, SEC.1; P.L.17-2001, SEC.16; P.L.123-2002, SEC.41; P.L.151-2006, SEC.17; P.L.173-2006, SEC.53; P.L.1-2007, SEC.234; P.L.227-2007, SEC.68; P.L.27-2007, SEC.31; P.L.3-2008, SEC.253; P.L.143-2009, SEC.48; P.L.138-2011, SEC.11; P.L.182-2011, SEC.11; P.L.126-2012, SEC.56; P.L.149-2012, SEC.19; P.L.13-2013, SEC.143; P.L.196-2013, SEC.18; P.L.158-2013, SEC.534; P.L.168-2014, SEC.84; P.L.252-2017, SEC.16; P.L.198-2018, SEC.8; P.L.176-2018, SEC.8; P.L.80-2019, SEC.17; P.L.25-2022, SEC.1; P.L.185-2023, SEC.8; P.L.186-2025, SEC.240.

Notes of Decisions

Cited in 40 cases, 1983–2020 · leading case: Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989).

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Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989). · cites it 11× “Ind. Code § 35-45-6-1 (1988). Thus, the RICO statute at issue wholly incorporates the state obscenity law by reference.”

Kenny Purvis v. State of Indiana, 87 N.E.3d 1119 (Ind. Ct. App. 2017). · cites it 6× “” I.C. § 35-45-6-1(c)(2). “[T]he hallmark of an enterprise is structure .”

4447 CORP. v. Goldsmith, 504 N.E.2d 559 (Ind. 1987). · cites it 16× “Appellees filed similar actions in which they allege the various defendants, owners and operators of adult bookstores, have engaged in racketeering activity as defined in the Racketeer Influenced and Corrupt Organizations Act (RICO), Ind. Code § 35-45-6-1 et seq. Appellees seek…”

Hightower v. State, 866 N.E.2d 356 (Ind. Ct. App. 2007). · cites it 6× “]” Ind.Code § 35-45-6-1. As Tower’s president and chief executive officer, Hightower wrote or approved most checks, controlled its bank accounts and mail, hired employees, and was responsible for the day-to-day operations and company’s vision.”

Koger v. State, 513 N.E.2d 1250 (Ind. Ct. App. 1987). · cites it 16× “A "pattern of racketeering activity" is defined by Ind. Code § 35-45-6-1 as "engaging in at least two [2] incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by…”

Ashonta Kenya Jackson v. State of Indiana, 50 N.E.3d 767 (Ind. 2016). · cites it 2× “§§ 1961-1968 (2012), Indiana enacted its own RICO Act, which is otherwise known as the Indiana Corrupt Business Influence Act, Ind.Code §§ 35-45-6-1 to -2 (2008). See Keesling v.”

Ashonta Kenya Jackson v. State of Indiana, 33 N.E.3d 1173 (Ind. Ct. App. 2015). · cites it 15× “Ind. Code § 35-45-6-1 (e). But, after the first sentence, the remaining components of the aggravator are proper.”

Flinn v. State, 563 N.E.2d 536 (Ind. 1990). · cites it 8× “Appellant contends the trial court erred in denying his motions to dismiss the counts charging him with committing corrupt business influence and with unlawful loan brokering.”

Charles Robinson v. State of Indiana, 56 N.E.3d 652 (Ind. Ct. App. 2016). · cites it 6× “” I.C. § 35-45-6-1(d). Additionally, at least two incidents must occur within five years of each other.”

Waldon v. State, 829 N.E.2d 168 (Ind. Ct. App. 2005). · cites it 4× “" Ind.Code § 35-45-6-1 (Burns Code Ed. Repl.”

State v. Lindsay, 862 N.E.2d 314 (Ind. Ct. App. 2007). · cites it 6× “” Ind.Code § 35-45-6-1 (Burns Code Ed. Supp.”

Long v. State, 867 N.E.2d 606 (Ind. Ct. App. 2007). · cites it 4× “Ind.Code § 35-45-6-1; see also Rollar v. State, 556 N.”

Show all 40 citing cases →

— Ind. Code § 35-45-6-1(14) — 3 cases

Hightower v. State, 866 N.E.2d 356 (Ind. Ct. App. 2007). “]” Ind.Code § 35-45-6-1. As Tower’s president and chief executive officer, Hightower wrote or approved most checks, controlled its bank accounts and mail, hired employees, and was responsible for the day-to-day operations and company’s vision.”

Indiana ex rel. Zoeller v. Pastrick, 696 F. Supp. 2d 970 (N.D. Ind. 2010).

State of Indiana Ex Rel. Zoeller v. Pastrick, 696 F. Supp. 2d 970 (N.D. Ind. 2010).

— Ind. Code § 35-45-6-1(19) — 2 cases

Indiana ex rel. Zoeller v. Pastrick, 696 F. Supp. 2d 970 (N.D. Ind. 2010).

State of Indiana Ex Rel. Zoeller v. Pastrick, 696 F. Supp. 2d 970 (N.D. Ind. 2010).

— Ind. Code § 35-45-6-1(c)(2) — 4 cases

Kenny Purvis v. State of Indiana, 87 N.E.3d 1119 (Ind. Ct. App. 2017). “” I.C. § 35-45-6-1(c)(2). “[T]he hallmark of an enterprise is structure .”

Robert R. Coulter, III & Kerri E. Coulter v. Philip J. Caviness, Rush Cnty. Prosecutor, on behalf of State of Indiana, 128 N.E.3d 541 (Ind. Ct. App. 2019).

Enedeo Rodriguez, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

Willie J. Washington v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

— Ind. Code § 35-45-6-1(d) — 10 cases

Kenny Purvis v. State of Indiana, 87 N.E.3d 1119 (Ind. Ct. App. 2017). “” I.C. § 35-45-6-1(c)(2). “[T]he hallmark of an enterprise is structure .”

Charles Robinson v. State of Indiana, 56 N.E.3d 652 (Ind. Ct. App. 2016). “” I.C. § 35-45-6-1(d). Additionally, at least two incidents must occur within five years of each other.”

Ashonta Kenya Jackson v. State of Indiana, 33 N.E.3d 1173 (Ind. Ct. App. 2015). “Ind. Code § 35-45-6-1 (e). But, after the first sentence, the remaining components of the aggravator are proper.”

Seth A. Miller v. State of Indiana, 992 N.E.2d 791 (Ind. Ct. App. 2013).

Robert R. Coulter, III & Kerri E. Coulter v. Philip J. Caviness, Rush Cnty. Prosecutor, on behalf of State of Indiana, 128 N.E.3d 541 (Ind. Ct. App. 2019).

— Ind. Code § 35-45-6-1(e) — 6 cases

AGS Capital Corp. v. Prod. Action Int'l, LLC, 884 N.E.2d 294 (Ind. Ct. App. 2008).

Davis v. State, 937 N.E.2d 8 (Ind. Ct. App. 2010).

Charles Robinson v. State of Indiana, 56 N.E.3d 652 (Ind. Ct. App. 2016). “” I.C. § 35-45-6-1(d). Additionally, at least two incidents must occur within five years of each other.”

Ashonta Kenya Jackson v. State of Indiana, 33 N.E.3d 1173 (Ind. Ct. App. 2015). “Ind. Code § 35-45-6-1 (e). But, after the first sentence, the remaining components of the aggravator are proper.”

Charlene Renier v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).

— Ind. Code § 35-45-6-1(e)(14) — 2 cases

Kenny Purvis v. State of Indiana, 87 N.E.3d 1119 (Ind. Ct. App. 2017). “” I.C. § 35-45-6-1(c)(2). “[T]he hallmark of an enterprise is structure .”

Adam Wakefield v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).

— Ind. Code § 35-45-6-1(e)(28) — 1 case

Victor Hugo Mesa v. State of Indiana, 5 N.E.3d 488 (Ind. Ct. App. 2014).

— Ind. Code § 35-45-6-1(e)(29) — 1 case

Enedeo Rodriguez, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

— Ind. Code § 35-45-6-1(e)(34) — 1 case

Robert R. Coulter, III & Kerri E. Coulter v. Philip J. Caviness, Rush Cnty. Prosecutor, on behalf of State of Indiana, 128 N.E.3d 541 (Ind. Ct. App. 2019).

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