§ 18-5-309 — Money laundering - illegal investments - penalty - definitions

Colorado § 18-5-309

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Involving Fraud

Text

(1)
A person commits money laundering if he or she:

(a) Conducts or attempts to conduct a financial transaction that involves
money or any other thing of value that he or she knows or believes to be the
proceeds, in any form, of a criminal offense:

(I) With the intent to promote the commission of a criminal offense; or

(II) With knowledge or a belief that the transaction is designed in whole or in
part to:

(A) Conceal or disguise the nature, location, source, ownership, or control of
the proceeds of a criminal offense; or

(B) Avoid a transaction reporting requirement under federal law;

(b) Transports, transmits, or transfers a monetary instrument or moneys:

(I) With the intent to promote the commission of a criminal offense; or

(II) With knowledge or a belief that the monetary instrument or moneys
represent the proceeds of a criminal offense and that the transportation,
transmission, or transfer is designed, in whole or in part, to:

(A) Conceal or disguise the nature, location, source, ownership, or control of
the proceeds of a criminal offense; or

(B) Avoid a transaction reporting requirement under federal law; or

(c) Intentionally conducts a financial transaction involving property that is
represented to be the proceeds of a criminal offense, or involving property that the
person knows or believes to have been used to conduct or facilitate a criminal
offense, to:

(I) Promote the commission of a criminal offense;

(II) Conceal or disguise the nature, location, source, ownership, or control of
property that the person believes to be the proceeds of a criminal offense; or

(III) Avoid a transaction reporting requirement under federal law.

(2) Money laundering is a class 3 felony.

(3) As used in this section, unless the context otherwise requires:

(a) Conducts or attempts to conduct a financial transaction includes, but is
not limited to, initiating, concluding, or participating in the initiation or conclusion of
a transaction.

(b) Financial transaction means a transaction involving:

(I) The movement of moneys by wire or other means;

(II) One or more monetary instruments;

(III) The transfer of title to any real property, vehicle, vessel, or aircraft; or

(IV) The use of a financial institution.

(c) Monetary instrument means:

(I) Coin or currency of the United States or any other country; a traveler's
check; a personal check; a bank check; a cashier's check; a money order; a bank
draft of any country; or gold, silver, or platinum bullion or coins;

(II) An investment security or negotiable instrument in bearer form or in other
form such that title passes upon delivery; or

(III) A gift card or other device that is the equivalent of money and can be
used to obtain cash, property, or services.

(d) Represent includes, but is not limited to, the making of a representation
by a peace officer, a federal officer, or another person acting at the direction of, or
with the approval of, a peace officer or federal officer.

(e) Transaction includes a purchase, sale, loan, pledge, gift, transfer,
delivery, or other disposition and, with respect to a financial institution, includes a
deposit; a withdrawal; a transfer between accounts; an exchange of currency; a
loan; an extension of credit; a purchase or sale of any stock, bond, certificate of
deposit, or other monetary instrument; the use of a safe deposit box; or any other
payment, transfer, or delivery by, through, or to a financial institution by whatever
means.

Legislative History

Source: L. 2010: Entire section added, (HB 10-1081), ch. 256, p. 1138, � 1, effective August 11.