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

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

Sec. 5. (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.

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

IC 35-45-16Chapter 16. Malicious Mischief

35-45-16-0.1Repealed 35-45-16-1"HIV" 35-45-16-2Malicious mischief