(a) Any person who engages in a continuing criminal enterprise shall be punished as a Class C felon and in addition shall be subject to the forfeiture prescribed in subsection (b) of this section.
(b) Any person who is convicted under subsection (a) of engaging in a continuing criminal enterprise shall forfeit to the State of North Carolina:
(1) The profits obtained by him in such enterprise, and
(2) Any of his interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise.
(c) For purposes of this section, a person is engaged in a continuing criminal enterprise if:
(1) He violates any provision of this Article, the punishment of which is a felony; and
(2) Such violation is a part of a continuing series of violations of this Article;
a. Which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management; and
b. From which such person obtains substantial income or resources.
(d) Repealed by Session Laws 1979, c. 760, s. 5. (1971, s. 919, s. 1; 1979, c. 760, s. 5.)
Notes of Decisions
Cited in
2
cases (
2 in the last 5 years), 2024–2025 · leading case:
State v. Guffey, 897 S.E.2d 144 (N.C. Ct. App. 2024).
State v. Guffey, 897 S.E.2d 144 (N.C. Ct. App. 2024).
· cites it 41× “The violation was part of a continuing series of violations of Article 5 of Chapter 90 of the General Statutes, which Jamie Leonard Tate and Dwayne Bullock undertook in concert with more than five other persons, including Jackie Pearson, Marqueseo Pearson, Gregory Rutherford,…”
State v. Cornwell, 918 S.E.2d 903 (N.C. Ct. App. 2025).
· cites it 9× “in violation of N.C.G.S. §90-95.1,” the CCE statute. Therefore, because the CCE indictment did not wholly fail to charge defendant with a crime against the laws or people of this State, the defect is non-jurisdictional in nature.”
N.C. Gen. Stat. § 90-95.1(c): 1 case
State v. Guffey, 897 S.E.2d 144 (N.C. Ct. App. 2024).
“The violation was part of a continuing series of violations of Article 5 of Chapter 90 of the General Statutes, which Jamie Leonard Tate and Dwayne Bullock undertook in concert with more than five other persons, including Jackie Pearson, Marqueseo Pearson, Gregory Rutherford,…”
N.C. Gen. Stat. § 90-95.1(c)(1): 1 case
State v. Guffey, 897 S.E.2d 144 (N.C. Ct. App. 2024).
“The violation was part of a continuing series of violations of Article 5 of Chapter 90 of the General Statutes, which Jamie Leonard Tate and Dwayne Bullock undertook in concert with more than five other persons, including Jackie Pearson, Marqueseo Pearson, Gregory Rutherford,…”
N.C. Gen. Stat. § 90-95.1(c)(2): 1 case
State v. Guffey, 897 S.E.2d 144 (N.C. Ct. App. 2024).
“The violation was part of a continuing series of violations of Article 5 of Chapter 90 of the General Statutes, which Jamie Leonard Tate and Dwayne Bullock undertook in concert with more than five other persons, including Jackie Pearson, Marqueseo Pearson, Gregory Rutherford,…”
N.C. Gen. Stat. § 90-95.1(c)(2)(a): 1 case
State v. Guffey, 897 S.E.2d 144 (N.C. Ct. App. 2024).
“The violation was part of a continuing series of violations of Article 5 of Chapter 90 of the General Statutes, which Jamie Leonard Tate and Dwayne Bullock undertook in concert with more than five other persons, including Jackie Pearson, Marqueseo Pearson, Gregory Rutherford,…”
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