PENAL CODE
CHAPTER 34. MONEY LAUNDERING
Sec. 34.01. DEFINITIONS. In this chapter:
(1) "Criminal activity" means any offense, including any preparatory offense,
That is:
(A) classified as a felony under the laws of this state or the United States; or
(B) punishable by confinement for more than one year under the laws of
another state.
(2) "Funds" includes:
(A) coin or paper money of the United States or any other country That is
designated as legal tender and That circulates and is customarily used and
accepted as a medium of exchange in the country of issue;
(B) United States silver certificates, United States Treasury notes, and Federal
Reserve System notes;
(C) an official foreign bank note That is customarily used and accepted as a
medium of exchange in a foreign country and a foreign bank draft; and
(D) currency or its equivalent, including an electronic fund, personal check, bank
check, traveler's check, money order, bearer negotiable instrument, bearer
investment security, bearer security, or certificate of stock in a form That allows
title to pass on delivery.
(3) "Financial institution" has the meaning assigned by Section 32.01.
(4) "Proceeds" means funds acquired or derived directly or indirectly from,
produced through, or realized through an act.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993. Amended by
Acts 2005, 79th Leg., ch. 1162, Sec. 1, eff. Sept. 1, 2005.
Sec. 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, Sec. 2, eff. Sept. 1, 1993. Amended by
Acts 2005, 79th Leg., ch. 1162, Sec. 2, eff. Sept. 1, 2005.
Sec. 34.021. PROTECTION FROM CIVIL LIABILITY. Notwithstanding Section
1.03(c), a financial institution or an agent of the financial institution acting in a
manner described by Section 34.02(c) is not liable for civil damages to a person
who:
(1) claims an ownership interest in funds involved in an offense under Section
34.02; or
(2) conducts with the financial institution or an insurer, as defined by Article
1.02, Insurance Code, a transaction concerning funds involved in an offense
under Section 34.02.
Added by Acts 2005, 79th Leg., ch. 1162, Sec. 3, eff. Sept. 1, 2005.
Sec. 34.03. ASSISTANCE BY ATTORNEY GENERAL. The attorney general, if
requested to do so by a prosecuting attorney, may assist in the prosecution of
an offense under this chapter.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993.
CHAPTER 34. MONEY LAUNDERING
Sec. 34.01. DEFINITIONS. In this chapter:
(1) "Criminal activity" means any offense, including any preparatory offense,
That is:
(A) classified as a felony under the laws of this state or the United States; or
(B) punishable by confinement for more than one year under the laws of
another state.
(2) "Funds" includes:
(A) coin or paper money of the United States or any other country That is
designated as legal tender and That circulates and is customarily used and
accepted as a medium of exchange in the country of issue;
(B) United States silver certificates, United States Treasury notes, and Federal
Reserve System notes;
(C) an official foreign bank note That is customarily used and accepted as a
medium of exchange in a foreign country and a foreign bank draft; and
(D) currency or its equivalent, including an electronic fund, personal check, bank
check, traveler's check, money order, bearer negotiable instrument, bearer
investment security, bearer security, or certificate of stock in a form That allows
title to pass on delivery.
(3) "Financial institution" has the meaning assigned by Section 32.01.
(4) "Proceeds" means funds acquired or derived directly or indirectly from,
produced through, or realized through an act.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993. Amended by
Acts 2005, 79th Leg., ch. 1162, Sec. 1, eff. Sept. 1, 2005.
Sec. 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, Sec. 2, eff. Sept. 1, 1993. Amended by
Acts 2005, 79th Leg., ch. 1162, Sec. 2, eff. Sept. 1, 2005.
Sec. 34.021. PROTECTION FROM CIVIL LIABILITY. Notwithstanding Section
1.03(c), a financial institution or an agent of the financial institution acting in a
manner described by Section 34.02(c) is not liable for civil damages to a person
who:
(1) claims an ownership interest in funds involved in an offense under Section
34.02; or
(2) conducts with the financial institution or an insurer, as defined by Article
1.02, Insurance Code, a transaction concerning funds involved in an offense
under Section 34.02.
Added by Acts 2005, 79th Leg., ch. 1162, Sec. 3, eff. Sept. 1, 2005.
Sec. 34.03. ASSISTANCE BY ATTORNEY GENERAL. The attorney general, if
requested to do so by a prosecuting attorney, may assist in the prosecution of
an offense under this chapter.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993.
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| ANDY NOLEN HOUSTON CRIMINAL LAWYER OVER 17 YEARS CRIMINAL LAW EXPERIENCE LICENSED IN BOTH STATE AND FEDERAL COURT |
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| ARE YOU FACING A CRIMINAL CHARGE? If so, you need a lawyer with experience in criminal courts. Houston Criminal Attorney Andy Nolen has over 17 years criminal defense experience. |
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