Wisconsin Statutes
Wis. Stat. § 946.82 (2026)
Definitions
✓ current as of July 2026
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946.82(1)(1) “Commission of a crime” means being concerned in the commission of a crime under s. 939.05.
946.82(2)(2) “Enterprise” means any sole proprietorship, partnership, limited liability company, corporation, business trust, union organized under the laws of this state or other legal entity or any union not organized under the laws of this state, association or group of individuals associated in fact although not a legal entity. “Enterprise” includes illicit and licit enterprises and governmental and other entities.
946.82(3)(3) “Pattern of racketeering activity” means engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, provided at least one of the incidents occurred after April 27, 1982 and that the last of the incidents occurred within 7 years after the first incident of racketeering activity. Acts occurring at the same time and place which may form the basis for crimes punishable under more than one statutory provision may count for only one incident of racketeering activity.
946.82(4)(4) “Racketeering activity” means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49, 134.05, 139.44 (1), (2m), and (8), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 940.60 (3), 940.61, 940.62, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 942.095, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (2) and (3), 943.231 (1), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.825, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.77, 946.79, 947.015, 947.016 (1) or (2), 948.05, 948.051, 948.08, 948.12, 948.125, and 948.30 and s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.20, 2023 stats., s. 940.201, 2023 stats., and s. 940.203, 2023 stats.
946.82 HistoryHistory: 1981 c. 280; 1983 a. 438; 1985 a. 104; 1985 a. 236 s. 15; 1987 a. 266 s. 5; 1987 a. 332, 348, 349, 403; 1989 a. 121, 303; 1991 a. 32, 39, 189; 1993 a. 50, 92, 94, 112, 280, 441, 491; 1995 a. 133, 249, 336, 448; 1997 a. 35, 79, 101, 140, 143, 252; 1999 a. 9, 150; 2001 a. 16, 105, 109; 2003 a. 36, 321; 2005 a. 212; 2007 a. 116, 196; 2009 a. 180; 2011 a. 174; 2013 a. 362; 2023 a. 10, 73, 128, 224; 2025 a. 24 s. 93; 2025 a. 48, 234.
946.82 AnnotationThe definition of “pattern of racketeering” is not unconstitutionally vague. Discussing the definition of “enterprise.” State v. O’Connell, 179 Wis. 2d 598, 508 N.W.2d 23 (Ct. App. 1993).
946.82 AnnotationRepeated use of illegally copied computer software did not constitute a pattern of racketeering. Management Computer Services, Inc. v. Hawkins, Ash, Baptie & Co., 196 Wis. 2d 578, 539 N.W.2d 111 (Ct. App. 1995), 93-0140.
946.82 AnnotationThe Wisconsin Organized Crime Control Act does not require proof of intent or knowledge beyond that required for the underlying predicate offense. State v. Mueller, 201 Wis. 2d 121, 549 N.W.2d 455 (Ct. App. 1996), 93-3227.
946.82 AnnotationThe analysis for a “pattern of racketeering activity” under the Wisconsin Organized Crime Control Act is the same as under the federal Racketeer Influenced and Corrupt Organizations Act. Brunswick Corp. v. E.A. Doyle Manufacturing Co., 770 F. Supp. 1351 (1991).
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1988–2026 · leading case: State v. O'connell, 508 N.W.2d 23 (Wis. Ct. App. 1993).
State v. O'connell, 508 N.W.2d 23 (Wis. Ct. App. 1993). “While we have noted that WOCCA is similar to RICO, the Wisconsin variation has defined "enterprise," "pattern of racketeering activity" and "racketeering activity" in sec. 946.82, Stats. Thus, while the federal courts have discussed those terms, and similar terms, and those…”
State v. Mueller, 549 N.W.2d 455 (Wis. Ct. App. 1996). “" Section 946.82(3), STATS., defines "pattern of racketeering activity" as "engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing…”
Dorr v. Sacred Heart Hosp., 597 N.W.2d 462 (Wis. Ct. App. 1999). “" 6 The trial court found that Sacred Heart has filed similar liens on more than three occasions since January 1, 1990, thus satisfying the predicate pattern of racketeering activity under § 946.82(3), Stats., defining a pattern of racketeering activity as "engaging in at least…”
Mgmt. Comput. Servs., Inc. v. Hawkins, Ash, Baptie & Co., 539 N.W.2d 111 (Wis. Ct. App. 1995). “" Section 946.82(3), STATS., provides in pertinent part: "Pattern of racketeering activity" means engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated…”
State v. House, 2007 WI 79 (Wis. 2007). “Section 946.82 defines expansively "racketeering activity.”
Martinez v. Calimlim, 651 F. Supp. 2d 852 (E.D. Wis. 2009). “” Wis. Stat. § 946.82 (3) (2009). *861 To prevail in a civil action under WOCCA, a plaintiff must, therefore, establish that the defendant violated § 946.”
MBS-Certified Pub. Accountants, LLC v. Wisconsin Bell Inc., 2013 WI App 14 (Wis. Ct. App. 2013). “As noted, the defendants moved to dismiss MBS's claim under the WOCCA, arguing that MBS failed to properly plead acts of racketeering activity as required by Wis. Stat. § 946.82 (4). The trial court, concluding that the voluntary payment doctrine precluded the WOCCA claim, did…”
Edgenet, Inc. v. GS1 AISBL, 742 F. Supp. 2d 997 (E.D. Wis. 2010). “Though WOCCA actually requires a minimum of three predicate acts, Wis. Stat. § 946.82 (3), the continuity analysis of plaintiffs alleged predicate acts remains the same.”
State v. Ross, 2003 WI App 27 (Wis. Ct. App. 2003). “§ 946.82(3) defines "pattern of racketeering activity" as engaging in at least three incidents of racketeering activity that produce the same results.”
State v. Judd, 433 N.W.2d 260 (Wis. Ct. App. 1988). “"Person” is not defined in WOCCA, but "enterprise” is defined in sec. 946.82(2), Stats., as follows: "Enterprise” means any sole proprietorship, partnership, corporation, business trust, union organized under the laws of this state or other legal entity or any union not…”
Pillar Corp. v. Enercon Indus. Corp., 694 F. Supp. 1353 (E.D. Wis. 1988). “Dane County), the only published Wisconsin case to discuss the pattern requirement of Wis.Stat. § 946.82.”
State v. Evers, 472 N.W.2d 828 (Wis. Ct. App. 1991). “Section 946.82(3), Stats. A single transaction may give rise to liability for distinct offenses under separate statutes without violating double jeopardy principles.”
— Wis. Stat. § 946.82(2) — 4 cases
State v. O'connell, 508 N.W.2d 23 (Wis. Ct. App. 1993). “While we have noted that WOCCA is similar to RICO, the Wisconsin variation has defined "enterprise," "pattern of racketeering activity" and "racketeering activity" in sec. 946.82, Stats. Thus, while the federal courts have discussed those terms, and similar terms, and those…”
State v. Judd, 433 N.W.2d 260 (Wis. Ct. App. 1988). “"Person” is not defined in WOCCA, but "enterprise” is defined in sec. 946.82(2), Stats., as follows: "Enterprise” means any sole proprietorship, partnership, corporation, business trust, union organized under the laws of this state or other legal entity or any union not…”
Taft Parsons, Jr. v. Associated Banc-Corp (Wis. Ct. App. 2020).
The Bank of New York Mellon v. Carolyn M. Nelson (Wis. Ct. App. 2026).
— Wis. Stat. § 946.82(3) — 12 cases
State v. O'connell, 508 N.W.2d 23 (Wis. Ct. App. 1993). “While we have noted that WOCCA is similar to RICO, the Wisconsin variation has defined "enterprise," "pattern of racketeering activity" and "racketeering activity" in sec. 946.82, Stats. Thus, while the federal courts have discussed those terms, and similar terms, and those…”
State v. Mueller, 549 N.W.2d 455 (Wis. Ct. App. 1996). “" Section 946.82(3), STATS., defines "pattern of racketeering activity" as "engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing…”
Dorr v. Sacred Heart Hosp., 597 N.W.2d 462 (Wis. Ct. App. 1999). “" 6 The trial court found that Sacred Heart has filed similar liens on more than three occasions since January 1, 1990, thus satisfying the predicate pattern of racketeering activity under § 946.82(3), Stats., defining a pattern of racketeering activity as "engaging in at least…”
Mgmt. Comput. Servs., Inc. v. Hawkins, Ash, Baptie & Co., 539 N.W.2d 111 (Wis. Ct. App. 1995). “" Section 946.82(3), STATS., provides in pertinent part: "Pattern of racketeering activity" means engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated…”
State v. Ross, 2003 WI App 27 (Wis. Ct. App. 2003). “§ 946.82(3) defines "pattern of racketeering activity" as engaging in at least three incidents of racketeering activity that produce the same results.”
— Wis. Stat. § 946.82(4) — 8 cases
Dorr v. Sacred Heart Hosp., 597 N.W.2d 462 (Wis. Ct. App. 1999). “" 6 The trial court found that Sacred Heart has filed similar liens on more than three occasions since January 1, 1990, thus satisfying the predicate pattern of racketeering activity under § 946.82(3), Stats., defining a pattern of racketeering activity as "engaging in at least…”
State v. Mueller, 549 N.W.2d 455 (Wis. Ct. App. 1996). “" Section 946.82(3), STATS., defines "pattern of racketeering activity" as "engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing…”
Mgmt. Comput. Servs., Inc. v. Hawkins, Ash, Baptie & Co., 539 N.W.2d 111 (Wis. Ct. App. 1995). “" Section 946.82(3), STATS., provides in pertinent part: "Pattern of racketeering activity" means engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated…”
State v. Judd, 433 N.W.2d 260 (Wis. Ct. App. 1988). “"Person” is not defined in WOCCA, but "enterprise” is defined in sec. 946.82(2), Stats., as follows: "Enterprise” means any sole proprietorship, partnership, corporation, business trust, union organized under the laws of this state or other legal entity or any union not…”
City of Milwaukee v. Universal Mortg. Corp., 692 F. Supp. 992 (E.D. Wis. 1988).
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