Q: Does Rico F.S. 895.03 (3) and conspiracy to commit Rico required identical elements of proof?

A: Probably not. F.S. 895.03 (3) could probably be done single-handedly. F.S. 895.03 (4) (conspiracy to violate F.S. 895.03 (1-3)) requires at least two participants, otherwise it would not be conspiracy. See F.S. 777.04 (3).

A: To prove the crime of Unlawfully Conducting/Participating in an Enterprise, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) was [employed by] [associated with] an enterprise.

2. (Defendant) [conducted] [participated in], directly or indirectly, such enterprise by engaging in at least two of the following incidents. Read incidents alleged in information.

3. Of those incidents in which (defendant) was engaged at least two of them had the same or similar [intents] [results] [accomplices] [victims] [methods of commission] or were interrelated by distinguishing characteristics and were not isolated incidents.

RICO involves multi-organizational and requires the following elements beyond a reasonable doubt:

Florida’s jury instruction describes two different ways for a person to be found guilty of a RICO violation. The first possibility is that the defendant joined a conspiracy and had the specific intent to engage in a minimum of two acts of racketeering as part of this conspiracy. Another possibility is that the defendant had the specific intent to participate in the enterprise’s affairs with the knowledge and intent that other members of the conspiracy would participate in a minimum of two acts of racketeering as part of a pattern.

Both can be charged...