CCP 11-16-1995 - Laserfiche WebLink

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I I . 2<1/~ , Ie 3. The Attorney General should provide Informational resources for city and county attorneys who prosecute obscenity crimes. . . 4. Obscenity prosecutions should concentrate on cases that most I flagrantly offend community standards. I II. OTHER LEGAL REMEDIES I A. RICO/FORFEITURE I In addition to traditional criminal prosecutions, use of RICO statutes and criminal and civil forfe'iture actions may also prove to be successful against obscenity offenders. I By attacking the criminal organization and the profIts of illegal activity, sucl1 actions can provide a strong disincentive to the establishment and operation of sexually oriented businesses. For example, the federal govemment and a number of the twenty-eight .. states which have enacted racketeer influenced and corrupt organization (RICO) statutes include obscenity offenses as predicate crimes. Generally speaking, to violate I a RICO statute, a person must acquire or 'maintain an interest in or control of an enterprise, or must conduct the affairs of an enterprise through a "pattern of criminal I activity." That pattern of criminal activity may include obscenity violations, which in turn can expose violators to increased fines and penalties as well as forfeiture of all property acquired or used in the course of a RICO vioiation. These statutes generally enable . prosecutors to obtain either criminal or civil forfeiture orders to seize assets and may also be used to obtain injunctive relief to divest repeat offenders of financial interests in I sexually oriented businesses. See 18 U.S.C. ~~ 1961-68 (:Nest Supp. 1988). RICO statutes may be particularly effective in dismantling businesses dominated by I organized crime, but they may be applied against other targets as well. I The Working Group believes that Minnesota should enact a RICO-like statute that would encompass increased penalties for using a "pattern" of criminal obscenity acts to conduct the affairs of a business entity. Provisions authorizing the seizure of assets I for obscenity violations should be considered, but the limitations imposed by the First Amendment must be taken into account. I- I -25- --.