(a) A person commits the offense of criminal use of property or laundering criminal proceeds if the person knowingly:
(1) Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to:
(A) Conceal the location, source, ownership, or control of the criminal proceeds;
(B) Avoid a reporting requirement under state or federal law; or
(C) Acquire any interest in the criminal proceeds; or
(2) Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense.
(b) Any person who is guilty of criminal use of property or laundering criminal proceeds commits a Class C felony.
(c) (1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.
(2) The standard of proof in an action brought under this subsection is preponderance of the evidence.
(3) The procedures for forfeiture and distribution in the asset forfeiture law, ยง 5-64-505, apply.
(4) A defendant in a civil action brought under this subsection is entitled to trial by jury.
(d) (1) An attorney who represents a criminal defendant or person who he or she reasonably believes may become a criminal defendant may not be prosecuted for receiving payment for a service rendered to a person whom he or she represents in a criminal proceeding or in dealing with a matter that might reasonably become the subject of a criminal proceeding.
(2) Should a court deny a motion to dismiss, a licensed attorney may maintain this as a defense at trial.
(3) No payment described in subdivision (d)(1) of this section may be seized from the attorney if the payment was received for a service rendered pursuant to prosecution under this section, unless a court of competent jurisdiction determines after a hearing that seizure of the property is necessary for prosecution of any criminal matter and is not protected by any applicable privilege.
Section: Previous 5-42-202 5-42-203 5-42-204 5-42-205 NextLast modified: November 15, 2016