Legal Definitions - predicate offense

A predicate offense is an underlying crime that must occur before a separate, often more serious or complex, criminal charge can be brought. It serves as the foundational illegal act upon which the subsequent charge is built. Essentially, it's a crime that "enables" or is a necessary prerequisite for another, usually more significant, crime.

• Example 1: Money Laundering

  Imagine a criminal organization that generates large sums of cash through illegal drug trafficking. To make this illicit money appear legitimate, they funnel it through a series of shell companies and bank accounts, a process known as money laundering.

  In this scenario, the illegal drug trafficking is the predicate offense. The charge of money laundering cannot exist without the initial illegal activity that generated the funds. The drug trafficking is the foundational crime that "predicates" or enables the subsequent money laundering charge.

• Example 2: Racketeering (RICO Act)

  Consider a criminal enterprise that engages in a series of distinct illegal acts over several years, such as extortion, bribery of public officials, and illegal debt collection.

  Each individual act of extortion, bribery, or illegal debt collection is a predicate offense. Under laws like the Racketeer Influenced and Corrupt Organizations (RICO) Act, a person or organization can be charged with racketeering if they engage in a "pattern of racketeering activity." This pattern is formed by committing two or more specific underlying crimes, which are the predicate offenses. Without these individual foundational crimes, the broader and more severe racketeering charge cannot be established.

• Example 3: Felon in Possession of a Firearm

  Suppose an individual was previously convicted of felony aggravated assault. Years later, this person is found to be in possession of a handgun.

  The prior conviction for felony aggravated assault is the predicate offense. Many jurisdictions have laws prohibiting individuals with prior felony convictions from owning or possessing firearms. The illegality of possessing the firearm in this specific instance is directly predicated on, or made possible by, the individual's earlier conviction for the felony assault. Without that prior felony, possessing the firearm might not be illegal for that person.