CHAPTER 34. MONEY LAUNDERING
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 34. MONEY LAUNDERING
Sec. 34.01. DEFINITIONS. In this chapter:
(1) "Criminal activity" means any offense, including any
preparatory offense, that is:
(A) classified as a felony under the laws of this state or the
United States; or
(B) punishable by confinement for more than one year under the
laws of another state.
(2) "Funds" includes:
(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) an official foreign bank note that is customarily used and
accepted as a medium of exchange in a foreign country and a
foreign bank draft; and
(D) currency or its equivalent, including an electronic fund,
personal check, bank check, traveler's check, money order, bearer
negotiable instrument, bearer investment security, bearer
security, or certificate of stock in a form that allows title to
pass on delivery.
(3) "Financial institution" has the meaning assigned by Section
32.01.
(4) "Proceeds" means funds acquired or derived directly or
indirectly from, produced through, or realized through an act.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1,
1993.
Amended by:
Acts 2005, 79th Leg., Ch.
1162, Sec. 1, eff. September 1, 2005.
Sec. 34.02. MONEY LAUNDERING. (a) A person commits an offense
if the person knowingly:
(1) acquires or maintains an interest in, conceals, possesses,
transfers, or transports the proceeds of criminal activity;
(2) conducts, supervises, or facilitates a transaction involving
the proceeds of criminal activity;
(3) invests, expends, or receives, or offers to invest, expend,
or receive, the proceeds of criminal activity or funds that the
person believes are the proceeds of criminal activity; or
(4) finances or invests or intends to finance or invest funds
that the person believes are intended to further the commission
of criminal activity.
(a-1) Knowledge of the specific nature of the criminal activity
giving rise to the proceeds is not required to establish a
culpable mental state under this section.
(b) For purposes of this section, a person is presumed to
believe that funds are the proceeds of or are intended to further
the commission of criminal activity if a peace officer or a
person acting at the direction of a peace officer represents to
the person that the funds are proceeds of or are intended to
further the commission of criminal activity, as applicable,
regardless of whether the peace officer or person acting at the
peace officer's direction discloses the person's status as a
peace officer or that the person is acting at the direction of a
peace officer.
(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 United
States Constitution and by Article 1, Section 10, of the Texas
Constitution 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) An offense under this section is:
(1) a state jail felony if the value of the funds is $1,500 or
more but less than $20,000;
(2) a felony of the third degree if the value of the funds is
$20,000 or more but less than $100,000;
(3) a felony of the second degree if the value of the funds is
$100,000 or more but less than $200,000; or
(4) a felony of the first degree if the value of the funds is
$200,000 or more.
(f) For purposes of this section, if proceeds of criminal
activity are related to one scheme or continuing course of
conduct, whether from the same or several sources, the conduct
may be considered as one offense and the value of the proceeds
aggregated in determining the classification of the offense.
(g) For purposes of this section, funds on deposit at a branch
of a financial institution are considered the property of that
branch and any other branch of the financial institution.
(h) If conduct that constitutes an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1,
1993.
Amended by:
Acts 2005, 79th Leg., Ch.
1162, Sec. 2, eff. September 1, 2005.
Sec. 34.021. PROTECTION FROM CIVIL LIABILITY. Notwithstanding
Section 1.03(c), a financial institution or an agent of the
financial institution acting in a manner described by Section
34.02(c) is not liable for civil damages to a person who:
(1) claims an ownership interest in funds involved in an offense
under Section 34.02; or
(2) conducts with the financial institution or an insurer, as
defined by Article 1.02, Insurance Code, a transaction concerning
funds involved in an offense under Section 34.02.
Added by Acts 2005, 79th Leg., Ch.
1162, Sec. 3, eff. September 1, 2005.
Sec. 34.03. ASSISTANCE BY ATTORNEY GENERAL. The attorney
general, if requested to do so by a prosecuting attorney, may
assist in the prosecution of an offense under this chapter.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1,
1993.