946.85 Continuing criminal enterprise.
(1) Any person who engages in a continuing criminal enterprise is guilty of a Class E felony.
(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:
(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
(b) The person obtains gross income or resources in excess of $25,000 from the activity.
History: 1981 c. 280; 1997 a. 283; 2001 a. 109.
There are 3 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).
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