Wisconsin Statutes
Wis. Stat. § 946.85 (2026)
Continuing criminal enterprise
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946.85(1)(1) Any person who engages in a continuing criminal enterprise is guilty of a Class E felony.
946.85(2)(2) In this section a person is considered to be engaged in a continuing criminal enterprise, if he or she engages in a prohibited activity under s. 946.83, and:
946.85(2)(a)(a) The activity is undertaken by the person in concert with 5 or more other persons, each of whom acted with intent to commit a crime and with respect to whom the person occupies a supervisory position; and
946.85(2)(b)(b) The person obtains gross income or resources in excess of $25,000 from the activity.
946.85 AnnotationThere are three separate offenses chargeable under this section, each requiring proof of a fact the others do not. Prosecution of continuing criminal enterprise violations and the predicate offenses does not violate double jeopardy. State v. Evers, 163 Wis. 2d 725, 472 N.W.2d 828 (Ct. App. 1991).
Notes of Decisions
Cited in 2
cases, 1991–1995 · leading case: State v. Evers, 472 N.W.2d 828 (Wis. Ct. App. 1991).
State v. Evers, 472 N.W.2d 828 (Wis. Ct. App. 1991). “He claims three errors on appeal: First, that the three charges of engaging in a continuing criminal enterprise in violation of sec. 946.85, Stats., are multiplicitous; second, that imposition of consecutive sentences for continuing criminal enterprise offenses and predicate…”
Mgmt. Comput. Servs., Inc. v. Hawkins, Ash, Baptie & Co., 539 N.W.2d 111 (Wis. Ct. App. 1995). “83 or § 946.85 has a cause of action for twice the actual damages sustained, attorney fees and costs reasonably incurred and, when appropriate, punitive damages.”
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