§ 75D-3.  Definitions.

The following definitions apply in this Chapter:

(1) Attorney General. - The Attorney General of North Carolina or any employee of the Department of Justice designated by the Attorney General in writing. Any district attorney of this State, with the Attorney General's consent, may be designated in writing by the Attorney General to enforce the provisions of this Chapter.

(2) Beneficial interest. - Either of the following:

a. The interest of a person as a beneficiary under a trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of the person.

b. The interest of a person under any other form of express fiduciary arrangement pursuant to which another person holds legal or record title to real property for the benefit of the person.

The term does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest is deemed to be located where the real property owned by the trustee is located.

(3) Civil proceeding. - A civil proceeding commenced by the Attorney General or an injured person under any provision of this Chapter.

(4) Criminal proceeding. - A criminal action commenced by the State for a violation of any provision of those criminal laws set forth in subdivision (8) of this section.

(5) Documentary material. - A book, paper, document, writing, drawing, graph, chart, photograph, phonocord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item.

(6) Enterprise. - A person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this State, or other legal entity; or an unchartered union, association, or group of individuals associated in fact although not a legal entity. The term includes illicit as well as licit enterprises and governmental as well as other entities.

(7) Pattern of racketeering activity. - Engaging in at least two incidents of racketeering activity that have the same or similar purposes, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated and unrelated incidents so long as at least one of these incidents occurred after October 1, 1986, and that at least one other of these incidents occurred within a four-year period of time of the other, excluding any periods of imprisonment, after the commission of a prior incident of racketeering activity.

(8) Racketeering activity. - To commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit an act that would be chargeable by indictment if the act was accompanied by the necessary mens rea or criminal intent under the following laws of this State:

a. Article 5 of Chapter 90 of the General Statutes relating to controlled substances and counterfeit controlled substances.

b. Chapter 14 of the General Statutes except Articles 9, 22A, 40, 46, 47, and 59 of that Chapter and G.S. 14-82, 14-145, 14-146, 14-147, 14-177, 14-178, 14-183, 14-184, 14-186, 14-190.9, 14-202, 14-247, 14-248, and 14-313.

The term also includes "racketeering activity," as defined in 18 U.S.C. § 1961(1), and any conduct involved in a money laundering activity, including activity covered by G.S. 14-118.8.

(9) Real property. - Any real property situated in this State or an interest in the real property, including, but not limited to, a lease of or mortgage upon the real property.

(10) RICO lien notice. - The notice described in G.S. 75D-13.

(11) Trustee. - Either of the following:

a. A person that holds legal or record title to real property in which another person has a beneficial interest.

b. A successor trustee to a person described in sub-subdivision a. of this subdivision.

The term does not include either (i) a person appointed or acting as a personal representative under Chapter 35A of the General Statutes relating to guardian and ward, or under Chapter 28A of the General Statutes relating to the administration of estates or (ii) a person appointed or acting as a trustee of a testamentary trust or as trustee of an indenture of trust under which any bonds are to be issued.  (1985 (Reg. Sess., 1986), c. 999, s. 1; 1987, ch. 550, s. 22; 1989, c. 489, s. 1; 2024-22, s. 1(b); 2025-25, s. 35(a), (b).)