§ 35-45-15-5 — Money laundering; defenses

Indiana § 35-45-15-5

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 15: Money Laundering

Text

(a) A person that knowingly or intentionally:
(1) acquires or maintains an interest in, receives, conceals,
possesses, transfers, or transports the proceeds of criminal
activity;
(2) conducts, supervises, or facilitates a transaction involving the
proceeds of criminal activity; or
(3) invests, expends, receives, or offers to invest, expend, or
receive, the proceeds of criminal activity or funds that are the
proceeds of criminal activity, and the person knows that the
proceeds or funds are the result of criminal activity;
commits money laundering, a Level 6 felony. However, the offense is:
(A) a Level 5 felony if the value of the proceeds or funds is at
least fifty thousand dollars ($50,000);
(B) a Level 5 felony if a person commits the crime with the
intent to:
(i) commit or promote an act of terrorism; or
(ii) obtain or transport a weapon of mass destruction; and
(C) a Level 4 felony if the value of the proceeds or funds is at
least fifty thousand dollars ($50,000) and a person commits the
crime with the intent to:
(i) commit or promote an act of terrorism; or
(ii) obtain or transport a weapon of mass destruction.
(b) 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 under
Indiana or United States law.
(c) It is a defense to prosecution under this section that:
(1) the transaction was necessary to preserve a person's right to
representation as guaranteed by the Sixth Amendment of the
United States Constitution or Article 1, Section 13, of the
Constitution of the State of Indiana; or
(2) the funds were received as bona fide legal fees by a licensed
attorney and, at the time of the receipt of the funds, the attorney
did not have actual knowledge that the funds were derived from
criminal activity.

Legislative History

As added by P.L.112-1998, SEC.2. Amended by P.L.123-2002, SEC.42; P.L.158-2013, SEC.544.