8.153 RACKETEERING ACTIVITY—DEFINED (18 U.S.C. § 1959)
With respect to the second element in Instruction _______ [insert cross reference to pertinent instruction, e.g. Instruction 8.151], the government must prove that the enterprise was engaged in racketeering activity. "Racketeering activity" means the commission of certain crimes. These include [insert applicable statutory definitions of state or federal crimes at issue as listed in 18 U.S.C. § 1961.]
The government must prove beyond a reasonable doubt that the enterprise was engaged in [at least one of] the crime[s] named above.
Use this instruction in conjunction with Instructions 8.151 (Violent Crime in Aid of Racketeering Enterprise), 8.152 (Racketeering Enterprise—Enterprise Affecting Interstate Commerce—Defined), and 8.154 (Racketeering Enterprise—Proof of Purpose).
For a definition of "racketeering activity," see 18 U.S.C. § 1959(b)(1), which states that term has the meaning set forth in 18 U.S.C. § 1961(1). See also United States v. Banks, 514 F.3d 959, 968 (9th Cir.2008).