(1) A person commits money laundering if he or she:
(a) Conducts or attempts to conduct a financial transaction that involves money or any other thing of value that he or she knows or believes to be the proceeds, in any form, of a criminal offense:
With the intent to promote the commission of a criminal offense; or
With knowledge or a belief that the transaction is designed in whole or in part to:
Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or
Avoid a transaction reporting requirement under federal law;
(b) Transports, transmits, or transfers a monetary instrument or moneys:
With the intent to promote the commission of a criminal offense; or
With knowledge or a belief that the monetary instrument or moneys represent theproceeds of a criminal offense and that the transportation, transmission, or transfer is designed, in whole or in part, to:
Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or
Avoid a transaction reporting requirement under federal law; or
(c) Intentionally conducts a financial transaction involving property that is represented to be the proceeds of a criminal offense, or involving property that the person knows or believes to have been used to conduct or facilitate a criminal offense, to:
Promote the commission of a criminal offense;
Conceal or disguise the nature, location, source, ownership, or control of propertythat the person believes to be the proceeds of a criminal offense; or
Avoid a transaction reporting requirement under federal law.
Money laundering is a class 3 felony.
As used in this section, unless the context otherwise requires:
"Conducts or attempts to conduct a financial transaction" includes, but is not limitedto, initiating, concluding, or participating in the initiation or conclusion of a transaction.
"Financial transaction" means a transaction involving:
The movement of moneys by wire or other means;
One or more monetary instruments;
The transfer of title to any real property, vehicle, vessel, or aircraft; or(IV) The use of a financial institution.
(c) "Monetary instrument" means:
Coin or currency of the United States or any other country; a traveler's check; a personal check; a bank check; a cashier's check; a money order; a bank draft of any country; or gold, silver, or platinum bullion or coins;
An investment security or negotiable instrument in bearer form or in other form suchthat title passes upon delivery; or
A gift card or other device that is the equivalent of money and can be used to obtaincash, property, or services.
"Represent" includes, but is not limited to, the making of a representation by a peaceofficer, a federal officer, or another person acting at the direction of, or with the approval of, a peace officer or federal officer.
"Transaction" includes a purchase, sale, loan, pledge, gift, transfer, delivery, or otherdisposition and, with respect to a financial institution, includes a deposit; a withdrawal; a transfer between accounts; an exchange of currency; a loan; an extension of credit; a purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument; the use of a safe deposit box; or any other payment, transfer, or delivery by, through, or to a financial institution by whatever means.
Source: L. 2010: Entire section added, (HB 10-1081), ch. 256, p. 1138, § 1, effective August 11.