13-2317

13-2317. Money laundering; classification;
definitions

A. A person is guilty of money laundering in the first degree if the person does
any of the following:

1. Knowingly initiates, organizes, plans, finances, directs, manages, supervises or
is in the business of money laundering in violation of subsection B of this section.

2. Violates subsection B of this section in the course of or for the purpose of
facilitating terrorism or murder.

B. A person is guilty of money laundering in the second degree if the person does
any of the following:

1. Acquires or maintains an interest in, transacts, transfers, transports, receives
or conceals the existence or nature of racketeering proceeds knowing or having reason to
know that they are the proceeds of an offense.

2. Makes property available to another by transaction, transportation or otherwise
knowing that it is intended to be used to facilitate racketeering.

3. Conducts a transaction knowing or having reason to know that the property
involved is the proceeds of an offense and with the intent to conceal or disguise the
nature, location, source, ownership or control of the property or the intent to
facilitate racketeering.

4. Intentionally or knowingly makes a false statement, misrepresentation or false
certification or makes a false entry or omits a material entry in any application,
financial statement, account record, customer receipt, report or other document that is
filed or required to be maintained or filed under title 6, chapter 12.

5. Intentionally or knowingly evades or attempts to evade any reporting requirement
under section 6-1241, whether by structuring transactions as described in 31 Code of
Federal Regulations part 103, by causing any financial institution, money transmitter,
trade or business to fail to file the report, by failing to file a required report or
record or by any other means.

6. Intentionally or knowingly provides any false information or fails to disclose
information that causes any licensee, authorized delegate, money transmitter, trade or
business to either:

(a) Fail to file any report or record that is required under section 6-1241.

(b) File such a report or record that contains a material omission or misstatement
of fact.

7. Intentionally or knowingly falsifies, conceals, covers up or misrepresents or
attempts to falsify, conceal, cover up or misrepresent the identity of any person in
connection with any transaction with a financial institution or money transmitter.

8. In connection with a transaction with a financial institution or money
transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to
make, use, offer or present, whether accepted or not, a forged instrument, a falsely
altered or completed written instrument or a written instrument that contains any
materially false personal identifying information.

9. If the person is a money transmitter, a person engaged in a trade or business or
any employee of a money transmitter or a person engaged in a trade or business,
intentionally or knowingly accepts false personal identifying information from any person
or otherwise knowingly incorporates false personal identifying information into any
report or record that is required by section 6-1241.

10. Intentionally conducts, controls, manages, supervises, directs or owns all or
part of a money transmitting business for which a license is required by title 6, chapter
12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the
money transmitting business registration requirements under 31 United States Code section
5330.

C. A person is guilty of money laundering in the third degree if the person
intentionally or knowingly does any of the following:

1. In the course of any transaction transmitting money, confers or agrees to confer
anything of value on a money transmitter or any employee of a money transmitter that is
intended to influence or reward any person for failing to comply with any requirement
under title 6, chapter 12.

2. Engages in the business of receiving money for transmission or transmitting
money, as an employee or otherwise, and receives anything of value upon an agreement or
understanding that it is intended to influence or benefit the person for failing to
comply with any requirement under title 6, chapter 12.

D. In addition to any other criminal or civil remedy, if a person violates
subsection A or B of this section as part of a pattern of violations that involve a total
of one hundred thousand dollars or more in any twelve month period, the person is subject
to forfeiture of substitute assets in an amount that is three times the amount that was
involved in the pattern, including conduct that occurred before and after the twelve
month period.

E. Money laundering in the third degree is a class 6 felony. Money laundering in
the second degree is a class 3 felony. Money laundering in the first degree is a class 2
felony.

F. For the purposes of this section:

1. The following terms have the same meaning prescribed in section 6-1201:

(a) "Authorized delegate".

(b) "Licensee".

(d) "Money transmitter".

(e) "Trade or business".

(f) "Transmitting money".

2. The following terms have the same meaning prescribed in section 13-2001:

(a) "Falsely alters a written instrument".

(b) "Falsely completes a written instrument".

(d) "Forged instrument".

(e) "Personal identifying information".

(f) "Written instrument".

3. The following terms have the same meaning prescribed in section 13-2301:

(a) "Financial institution".

(b) "Financial instrument".

(c) "Racketeering", except that for the purposes of civil remedies sought by the
attorney general, racketeering includes any act, regardless of whether the act would be
chargeable or indictable under the laws of this state or whether the act is charged or
indicted, that is committed for financial gain, punishable by imprisonment for more than
one year under the laws of the United States and described in section 274(a)(1)(A)(i),
(ii) or (iii) or (a)(2) of the immigration and nationality act (8 United States Code
section 1324(a)(1)(A)(i), (ii) or (iii) or (a)(2)) if persons acting in concert in the
conduct acquire a total of more than five thousand dollars through the conduct in a one
month period. For the purpose of forfeiture of property other than real property, the
conduct must involve more than three aliens in a one month period. For the purpose of
forfeiture of real property, the conduct must involve more than fifteen aliens in a one
month period.

4. The following terms have the same meaning prescribed in section 13-2314:

(a) "Acquire".

(b) "Proceeds".

G. For the purposes of this section:

1. "Offense" has the same meaning prescribed in section 13-105 and includes conduct
for which a sentence to a term of incarceration is provided by any law of the United
States.

2. "Superintendent" has the same meaning prescribed in section 6-101.

3. "Transaction" means a purchase, sale, trade, loan, pledge, investment, gift,
transfer, transmission, delivery, deposit, withdrawal, payment, transfer between
accounts, exchange of currency, extension of credit, purchase or sale of any financial
instrument or any other acquisition or disposition of property by whatever means.