Texas Penal Code - Section 34.02. Money Laundering
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§ 34.02. MONEY LAUNDERING. (a) A person commits an
offense if the person knowingly:
(1) acquires or maintains an interest in, conceals,
possesses, transfers, or transports the proceeds of criminal
activity;
(2) conducts, supervises, or facilitates a
transaction involving the proceeds of criminal activity;
(3) invests, expends, or receives, or offers to
invest, expend, or receive, the proceeds of criminal activity or
funds that the person believes are the proceeds of criminal
activity; or
(4) finances or invests or intends to finance or
invest funds that the person believes are intended to further the
commission of criminal activity.
(a-1) Knowledge of the specific nature of the criminal
activity giving rise to the proceeds is not required to establish a
culpable mental state under this section.
(b) For purposes of this section, a person is presumed to
believe that funds are the proceeds of or are intended to further
the commission of criminal activity if a peace officer or a person
acting at the direction of a peace officer represents to the person
that the funds are proceeds of or are intended to further the
commission of criminal activity, as applicable, regardless of
whether the peace officer or person acting at the peace officer's
direction discloses the person's status as a peace officer or that
the person is acting at the direction of a peace officer.
(c) It is a defense to prosecution under this section that
the person acted with intent to facilitate the lawful seizure,
forfeiture, or disposition of funds or other legitimate law
enforcement purpose pursuant to the laws of this state or the United
States.
(d) It is a defense to prosecution under this section that
the transaction was necessary to preserve a person's right to
representation as guaranteed by the Sixth Amendment of the United
States Constitution and by Article 1, Section 10, of the Texas
Constitution or that the funds were received as bona fide legal fees
by a licensed attorney and at the time of their receipt, the
attorney did not have actual knowledge that the funds were derived
from criminal activity.
(e) An offense under this section is:
(1) a state jail felony if the value of the funds is
$1,500 or more but less than $20,000;
(2) a felony of the third degree if the value of the
funds is $20,000 or more but less than $100,000;
(3) a felony of the second degree if the value of the
funds is $100,000 or more but less than $200,000; or
(4) a felony of the first degree if the value of the
funds is $200,000 or more.
(f) For purposes of this section, if proceeds of criminal
activity are related to one scheme or continuing course of conduct,
whether from the same or several sources, the conduct may be
considered as one offense and the value of the proceeds aggregated
in determining the classification of the offense.
(g) For purposes of this section, funds on deposit at a
branch of a financial institution are considered the property of
that branch and any other branch of the financial institution.
(h) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Added by Acts 1993, 73rd Leg., ch. 761, § 2, eff. Sept. 1, 1993.
Amended by Acts 2005, 79th Leg., ch. 1162, § 2, eff. Sept. 1,
2005.
Section: 33.01 33.02 33.021 33.03 33.04 33.05 34.01 34.02 34.021 34.03 35.01 35.015 35.02 35.025 35.03
Last modified: August 11, 2007
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