In this subtitle the following words have the meanings indicated. “Coerce” means to compel or attempt to compel another by threat of harm or other adverse consequences. “Criminal organization” means an enterprise whose members: individually or collectively engage in a pattern of organized crime activity; have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and have in common an overt or covert organizational or command structure. “Enterprise” includes: a sole proprietorship, partnership, corporation, business trust, or other legal entity; or any group of individuals associated in fact although not a legal entity. “Pattern of organized crime activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult, provided the crimes or acts were not part of the same incident. “Solicit” has the meaning stated in § 11–301 of this article. “Underlying crime” means: a crime of violence as defined under § 14–101 of this article; a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking), § 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), § 4–204 (use of a firearm in the commission of a crime), § 7–113 (embezzlement by fiduciary), or § 7–315 (theft – telecommunications–related) of this article, § 9–102 (subornation of perjury), § 9–202(a) (bribery of juror), § 9–302 (inducing false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305 (intimidating or corrupting juror), § 9–306 (obstruction of justice), § 9–307 (destruction of evidence), § 9–412 (contraband – in general), § 9–413 (contraband – for escape), § 9–416 (contraband – controlled dangerous substance), or § 9–417 (contraband – telecommunications–related) of this title, or § 11–304 (receiving earnings of prostitute), § 11–307 (house of prostitution), or § 12–104 (gaming offenses) of this article; a felony violation of § 3–701 (extortion), § 4–503 (manufacture or possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606 (false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203 (second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105 (unauthorized use of a motor vehicle) of this article; a felony violation of § 5–133 of the Public Safety Article; a felony violation of Title 8 of this article (fraud and related crimes); bribery under Subtitle 2 of this title; false statements under Subtitle 5 of this title; impersonating a police officer under § 3–502 of the Public Safety Article; threat of mass violence under Title 3, Subtitle 10 of this article; a violation of § 11–207 or § 11–208 of this article (child pornography); a felony violation of Title 27, Subtitle 4 of the Insurance Article (insurance fraud); removal or falsification of vehicle identification number under § 14–107 of the Transportation Article; abuse or neglect of a vulnerable adult under § 3–604 or § 3–605 of this article; a crime under the laws of another state or of the United States that would be a crime listed in items (1) through (13) of this subsection if committed in this State; or the attempted commission of, conspiracy to commit, or solicitation of a crime or act listed in items (1) through (14) of this subsection.

A person may not threaten an individual, or a friend or family member of an individual, with physical violence with the intent to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal organization. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.

A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal organization: in a school vehicle, as defined under § 11–154 of the Transportation Article; or in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education. Subsection (a) of this section applies whether or not: school was in session at the time of the crime; or the real property was being used for purposes other than school purposes at the time of the crime. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $20,000 or both. Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 9–802 of this subtitle.

A person may not: participate in a criminal organization knowing that the members of the criminal organization engage in a pattern of organized crime activity; and knowingly and willfully direct or participate in an underlying crime, or act by a juvenile that would be an underlying crime if committed by an adult, committed for the benefit of, at the direction of, or in association with a criminal organization. A criminal organization or an individual belonging to a criminal organization may not: receive proceeds known to have been derived directly or indirectly from an underlying crime; and use or invest, directly or indirectly, an aggregate of $10,000 or more of the proceeds from an underlying crime in: the acquisition of a title to, right to, interest in, or equity in real property; or the establishment or operation of any enterprise. A criminal organization may not acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through an underlying crime. A person may not conspire to violate subsection (a), (b), or (c) of this section. A person may not violate subsection (a) of this section that results in the death of a victim. Except as provided in subparagraph (ii) of this paragraph, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $1,000,000 or both. A person who violates subsection (e) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $5,000,000 or both. A sentence imposed under paragraph (1)(i) of this subsection for a first offense may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing a violation of this section. A sentence imposed under paragraph (1)(i) of this subsection for a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from and consecutive to a sentence for any crime based on the act establishing a violation of this section. A consecutive sentence for a second or subsequent offense shall not be mandatory unless the State notifies the person in writing of the State’s intention to proceed against the person as a second or subsequent offender at least 30 days before trial. In addition to the other penalties provided in this subsection, on conviction the court may: order a person or criminal organization to be divested of any interest in an enterprise or real property; order the dissolution or reorganization of an enterprise; and order the suspension or revocation of any license, permit, or prior approval granted to the enterprise or person by a unit of the State or a political subdivision of the State. This subsection applies to a violation of § 5–602, § 5–603, § 5–604(b), § 5–606, § 5–612, § 5–613, § 5–614, or § 5–617 of this article. Assets divested under this section and derived from the commission of, attempted commission of, conspiracy to commit, or solicitation of a crime described in paragraph (1) of this subsection, either in whole or in part: if the State investigated and prosecuted a violation described in paragraph (1) of this subsection, shall be deposited in the Addiction Treatment Divestiture Fund established under § 8–6D–01 of the Health – General Article; if a local jurisdiction investigated and prosecuted a violation described in paragraph (1) of this subsection, shall be used by the local jurisdiction: to support alternatives to incarceration, reentry programs, and addiction treatment services for persons with substance–related disorders; to combat criminal organizations through education, training, and resources; or to provide assistance to victims of criminal organization–related crimes; or if more than one jurisdiction participated in an investigation or a prosecution of a violation described in paragraph (1) of this subsection, shall be divided in the manner agreed on by the jurisdictions and used as provided in item (i) or (ii) of this paragraph. A person may be charged with a violation of this section only by indictment, criminal information, or petition alleging a delinquent act. The Attorney General, at the request of the Governor or the State’s Attorney for a county in which a violation or an act establishing a violation of this section occurs, may: aid in the investigation of the violation or act; and prosecute the violation or act. In exercising authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State’s Attorney, including the use of the grand jury in the county, to prosecute the violation. Notwithstanding any other provision of law, in circumstances in which violations of this section are alleged to have been committed in more than one county, the respective State’s Attorney of each county, or the Attorney General, may join the causes of action in a single complaint with the consent of each State’s Attorney having jurisdiction over an offense sought to be joined. Notwithstanding any other provision of law and provided at least one criminal organization activity of a criminal organization allegedly occurred in the county in which a grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and otherwise conduct an investigation of the alleged criminal organization’s activities and offenses in other counties.

A person may not organize, supervise, promote, sponsor, finance, or manage a criminal organization. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $1,000,000 or both. A sentence imposed under this section shall be separate from and consecutive to a sentence for any crime based on the act establishing a violation of this section.

Nothing in this subtitle may be construed inconsistently with the provisions relating to jurisdiction over juvenile causes contained in Title 3, Subtitle 8A of the Courts Article.

For purposes of venue, any violation of this subtitle is considered to have been committed in any county: in which any act was performed in furtherance of a violation of this subtitle; that is the principal place of the operations of the criminal organization in the State; in which a defendant had control or possession of proceeds of a violation of this subtitle or of records or other material or objects that were used in furtherance of a violation; or in which a defendant resides.