§708A-2 - Definitions.
§708A-2 Definitions. As used in this
chapter, unless the context otherwise requires:
"Proceeds" means property of any kind
acquired or derived directly or indirectly from, produced through, realized
through, or caused by an act or omission.
"Property" means anything of value,
including any interest, benefit, privilege, claim, or right with respect to
anything of value, whether real or personal, tangible or intangible.
"Specified unlawful activity" means
any act, or series of acts, that:
(a) Constitutes a felony under the laws of this
State;
(b) If occurring outside this State, may be
punishable by confinement for more than one year under the laws of the
jurisdiction in which the act occurred;
(c) Involves an act or acts constituting the offense
of gambling, criminal property damage, extortion, theft, or prostitution or a
drug offense under chapters 329, 329C, or part IV of chapter 712 or any firearm
offense; or
(d) If occurring outside this State, would constitute
the offense of gambling, criminal property damage, extortion, theft, or
prostitution or a drug offense under chapters 329, 329C, or part IV of chapter
712 or any firearm offense under the laws of this State.
"Transaction" includes a purchase,
sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery,
deposit, withdrawal, payment, transfer between accounts, exchange of currency,
extension of credit, purchase, sale, or exchange of any monetary instrument,
use of a safe deposit box, or any other acquisition or disposition of property
by whatever means effected.
"Unlawful activity" means any act
that is chargeable or indictable as an offense of any degree or class under the
laws of this State or under federal law or, if the act occurred in a
jurisdiction other than this State, would be chargeable or indictable as an
offense of any degree or class under the laws of this State or under federal
law. [L 1995, c 119, pt of §2; am L 1996, c 22, §1]
Revision Note
Paragraphs redesignated pursuant to §23G-15(1).
COMMENTARY ON §708A-2
Act 22, Session Laws 1996, amended this section by replacing
the word "state" with the word "jurisdiction" in the
definitions of "specified unlawful activity" and "unlawful
activity". The legislature intended to clarify that the Money Laundering
Act applied not only to activities occurring within the State of Hawaii or the
United States, but also to activities occurring outside the United States.
House Standing Committee Report No. 375-96, Senate Standing Committee Report
No. 2602.