§ 14:230 — Money laundering; transactions involving proceeds of criminal activity

Louisiana § 14:230

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§230. Money laundering; transactions involving proceeds of criminal activity
A. As used in this Section:
(1) "Criminal activity" means any offense, including conspiracy and attempt to
commit the offense, that is classified as a felony under the laws of this state or the United
States or that is punishable by confinement for more than one year under the laws of another
state.
(2) "Funds" means any of the following:
(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) Official foreign bank notes that are customarily used and accepted as a medium
of exchange in a foreign country and foreign bank drafts.
(d) Electronic or written checks, drafts, money orders, traveler's checks, or other
electronic or written instruments or orders for the transmission or payment of money.
(e) Investment securities or negotiable instruments, in bearer form or otherwise in
such form that title thereto passes upon delivery.
(3) "Peace officer" has the same meaning as in R.S. 40:2402(1)(a).
(4) "Proceeds" means funds acquired or derived directly or indirectly from or
produced or realized through an act.
B. It is unlawful for any person knowingly to do any of the following:
(1) Conduct, supervise, or facilitate a financial transaction involving proceeds known
to be derived from criminal activity, when the transaction is designed in whole or in part to
conceal or disguise the nature, location, source, ownership, or the control of proceeds known
to be derived from such violation or to avoid a transaction reporting requirement under state
or federal law.
(2) Give, sell, transfer, trade, invest, conceal, transport, maintain an interest in, or
otherwise make available anything of value known to be for the purpose of committing or
furthering the commission of any criminal activity.
(3) Direct, plan, organize, initiate, finance, manage, supervise, or facilitate the
transportation or transfer of proceeds known to be derived from any violation of criminal
activity.
(4) Receive or acquire proceeds derived from any violation of criminal activity, or
knowingly or intentionally engage in any transaction that the person knows involves proceeds
from any such violations.
(5) Acquire or maintain an interest in, receive, conceal, possess, transfer, or transport
the proceeds of criminal activity.
(6) Invest, expend, or receive, or offer to invest, expend, or receive, the proceeds of
criminal activity.
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
Constitution of the United States and by Article I, Section 13 of the Constitution of Louisiana
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.(1) Whoever violates the provisions of this Section, if the value of the funds is less
than three thousand dollars, may be imprisoned for not more than six months or fined not
more than one thousand dollars, or both.
(2) Whoever violates the provisions of this Section, if the value of the funds is three
thousand dollars or more but less than twenty thousand dollars, may be imprisoned with or
without hard labor for not less than two years nor more than ten years and may be fined not
more than ten thousand dollars.
(3) Whoever violates the provisions of this Section, if the value of the funds is
twenty thousand dollars or more but less than one hundred thousand dollars, shall be
imprisoned at hard labor for not less than two years nor more than twenty years and may be
fined not more than twenty thousand dollars.
(4) Whoever violates the provisions of this Section, if the value of the funds is one
hundred thousand dollars or more, shall be imprisoned at hard labor for not less than two
years nor more than fifty years and may be fined not more than fifty thousand dollars.

Legislative History

Acts 1994, 3rd Ex. Sess., No. 78, §1; Acts 2010, No. 608, §1; Acts 2017, No. 281, §1.