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57 Interstate Travel In Aid Of Racketeering 18 USC § 19 52(a)(3) Title 18, United States Code, Section 1951(a)(3), makes it a
Federal crime or offense for anyone to travel in [interstate] [foreign]
commerce for the purpose of carrying on certain unlawful activities.
The Defendant can be found guilty of that offense only if all of the
following facts are proved beyond a reasonable doubt:First: That the Defendant traveled in [interstate] [foreign] commerce
on or about the time, and between the places, charged in the
indictment;Second: That the Defendant engaged in that travel with the specific
intent to promote, manage, establish or carry on an "unlawful
activity," as hereafter defined; andThird: That the Defendant thereafter knowingly and willfully
committed an act to promote, manage, establish or carry on such
"unlawful activity." [The term " interstate commerce" means
transportation or movement between one state and another state;]
[The term " foreign commerce" means transportation or movement
between some place within the United States and some place outside
the United States;] and while it must be proved that the Defendant
traveled in [interstate commerce] [foreign commerce] with the specific
intent to promote, manage, establish or carry on an " unlawful
activity," it need not be proved that such purpose was the only reason
or motive prompting the Defendant's travel. The term " unlawful
activity" includes any " business enterprise" involving [gambling
offenses in violation of the laws of the State in which they are
committed]. [You are instructed that under Florida law engaging "in
any game at cards or other game of chance for money or other thing
of value" is unlawful.] To constitute a "business enterprise" it is not
necessary that the alleged illegal activity be engaged in for any
particular length of time, nor must it be proved that such activity
constituted the primary pursuit or occupation of the Defendant, or that
it actually returned any profit. What must be proved beyond a
reasonable doubt is that the Defendant did engage in a continuous
course of conduct or series of transactions for the purpose of profit,
rather than casual, sporadic or isolated activity. The indictment
charges that the Defendant traveled in [interstate commerce] [foreign
commerce] with the intent to promote, manage, establish and carry
on an unlawful activity. However, the law is worded in the disjunctive,
that is, the various modes or methods of violating the statute are
separated by the word "or." So, if you find beyond a reasonable doubt
that any one method or way of violating the law occurred, that is
sufficient so long as you agree unanimously upon the particular way
or method involved.ANNOTATIONS AND COMMENTS18 USC § 19 52 (a)(3) provides:(a) Whoever travels in interstate or foreign commerce or uses the mail or any
facility in interstate or foreign commerce, with intent to (3) promote, manage,
establish, carry on, or facilitate the promotion, management, establishment, or
carrying on, of any unlawful activity, and thereafter performs or attempts to
perform any of the acts specified in subparagraph (3) [shall be guilty of an
offense against the United States].(b) As used in t his sect ion "unlawful activity" means (1) any business enterprise
involving gambling, liquor on which the Federal excise tax has not been paid,
narcotics or controlled substances (as defined in section 1 02 (6) of the
Controlled Substances Act), or prostitution offenses in violation of the laws of the
State in which they are committed or of the United States, (2) extortion, bribery,
or arson in violation of the laws of the State in which they are committed or of the
United States, or (3) any act which is indictable under subchapter II of chapter 5
3 of t it le 3 1, United States Code, or under section 1956 or 1957 of this title Maximum Penalty: Five (5) years imprisonment and applicable fine. A conviction
under this statute does not require the Government to prove that the Defendant
knew or intended that interstate facilities be used in the commission of the
offense. See, United States v. Broadwell, 8 70 F.2d 5 94 (11 t h Cir. 1 98 9).
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