New York Consolidated Laws

N.Y. Penal Law § 460.20 (2026)

Enterprise corruption

✓ current as of May 2026
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§ 460.20 Enterprise corruption.
  1. A person is guilty of enterprise corruption when, having knowledge
of the existence of a criminal enterprise and the nature of its
activities, and being employed by or associated with such enterprise,
he:
  (a) intentionally conducts or participates in the affairs of an
enterprise by participating in a pattern of criminal activity; or
  (b) intentionally acquires or maintains any interest in or control of
an enterprise by participating in a pattern of criminal activity; or
  (c) participates in a pattern of criminal activity and knowingly
invests any proceeds derived from that conduct, or any proceeds derived
from the investment or use of those proceeds, in an enterprise.
  2. For purposes of this section, a person participates in a pattern of
criminal activity when, with intent to participate in or advance the
affairs of the criminal enterprise, he engages in conduct constituting,
or, is criminally liable for pursuant to section 20.00 of this chapter,
at least three of the criminal acts included in the pattern, provided
that:
  (a) Two of his acts are felonies other than conspiracy;
  (b) Two of his acts, one of which is a felony, occurred within five
years of the commencement of the criminal action; and
  (c) Each of his acts occurred within three years of a prior act.
  3. For purposes of this section, the enterprise corrupted in violation
of subdivision one of this section need not be the criminal enterprise
by which the person is employed or with which he is associated, and may
be a legitimate enterprise.
  Enterprise corruption is a class B felony.
Notes of Decisions
Cited in 63 cases (2 in the last 5 years), 1987–2022 · leading case: People v. Besser, 749 N.E.2d 727 (NY 2001).
People v. Besser, 749 N.E.2d 727 (NY 2001). · cites it 5× “Defendants were convicted after a jury trial of enterprise corruption (see, Penal Law § 460.20). The primary contention asserted by each defendant on appeal concerns application of the CPL 60.”
People v. Keschner, 37 N.E.3d 690 (NY 2015). · cites it 4× “Keschner and Goldman challenge their enterprise corruption convictions (see Penal Law § 460.20 [1] [a]) on the ground that the continuity of existence element was not demonstrated; Goldman argues that his counsel’s failure to move for dismissal of the enterprise corruption…”
People v. Cantarella, 160 Misc. 2d 8 (N.Y. Sup. Ct. 1993). · cites it 12× “These defendants are the remainder of a group of 14 who were jointly indicted for enterprise corruption (Penal Law § 460.20 [1] [a]) and related crimes.”
People v. Jones, 32 N.Y.3d 1146 (NY 2018). · cites it 7× “Defendant was convicted, upon a jury verdict, of enterprise corruption as defined by Penal Law § 460.20—the single count filed against him in the indictment.”
People v. Wright, 139 A.D.3d 1094 (N.Y. App. Div. 2016). · cites it 3× “We reject defendant’s claim that his conviction for enterprise corruption was based on legally insufficient evidence and was against the weight of the evidence in that the People failed to establish his connection to a “criminal enterprise” (Penal Law § 460.20 [1]). The crime of…”
People v. W. Express Int'l, Inc., 978 N.E.2d 1231 (NY 2012). · cites it 4× “Appellants have been indicted for enterprise corruption (Penal Law § 460.20 [1] [a]), a class B felony, based in essential part on their commission of numerous predicate offenses.”
People v. Colletti, 73 A.D.3d 1203 (N.Y. App. Div. 2010). “Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the statutory elements of enterprise corruption, as charged by the Supreme Court, beyond a reasonable doubt (see…”
People v. Hecker, 942 N.E.2d 248 (NY 2010). “20 [1] [a]), a class B felony, combination in restraint of trade and competition (General Business Law §§ 340, 341), and several counts of both bribe receiving by a labor official (Penal Law § 180.25) and grand larceny in the third degree by extortion (Penal Law § 155.”
Fairfax Fin. Holdings Ltd. v. S.A.C., 160 A.3d 44 (N.J. Super. Ct. App. Div. 2017). “N.Y. Penal Law § 460.20 . OCCA also specifies that the pattern of criminal activity may not serve as the "criminal enterprise.”
People v. W. Express Int'l, Inc., 85 A.D.3d 1 (N.Y. App. Div. 2011). · cites it 7× “These appeals concern the intended scope of the enterprise corruption provision (Penal Law § 460.20) of New York’s Organized Crime Control Act (OCCA) (Penal Law tit X).”
People v. Kancharla, 14 N.E.3d 354 (NY 2014). “Corporate officers and employees of a legitimate business organization can fall within the ambit of the enterprise corruption statutes (see Penal Law § 460.20 [3]; Governor’s Mem approving L 1986, ch 516, 1986 McRinney’s Session Laws of NY at 3177 [Penal Law article 460 was…”
In re Weiss, 58 A.D.3d 203 (N.Y. App. Div. 2008). · cites it 3× “” A person is guilty of the felony of enterprise corruption in violation of Penal Law § 460.20 (1) when, “having knowledge of the existence of a criminal enterprise and the nature of its activities, and being employed by or associated with such enterprise, he .”
— N.Y. Penal Law § 460.20(1)(a) — 1 case
Fed. Ins. Co. v. Tyco Intl., 2004 NY Slip Op 50160(U) (N.Y. Sup. Ct., New York Cty. 2004).
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