CHAPTER 15. MONEY LAUNDERING
IC 35-45-15
Chapter 15. Money Laundering
IC 35-45-15-1
"Criminal activity" defined
Sec. 1. As used in this chapter, "criminal activity" means any
offense that:
(1) is classified as a felony under Indiana or United States law;
or
(2) occurs in another state and is punishable by confinement for
more than one (1) year under the laws of that state.
As added by P.L.112-1998, SEC.2.
IC 35-45-15-2
"Funds" defined
Sec. 2. As used in this chapter, "funds" includes the following:
(1) 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.
(2) United States silver certificates, United States Treasury
notes, and Federal Reserve System notes.
(3) Official foreign bank notes that are customarily used and
accepted as a medium of exchange in a foreign country.
(4) Foreign bank drafts.
As added by P.L.112-1998, SEC.2.
IC 35-45-15-3
"Law enforcement officer" defined
Sec. 3. As used in this chapter, "law enforcement officer" includes
a federal enforcement officer.
As added by P.L.112-1998, SEC.2.
IC 35-45-15-4
"Proceeds" defined
Sec. 4. As used in this chapter, "proceeds" means funds acquired
or derived directly or indirectly from, produced through, or realized
through an act.
As added by P.L.112-1998, SEC.2.
IC 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 Class D felony. However, the offense
is:
(A) a Class C felony if the value of the proceeds or funds is
at least fifty thousand dollars ($50,000);
(B) a Class C 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 Class B 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.