John T. Floyd Law Firm
Houston Criminal Lawyer
"Serious Criminal Defense Throughout Texas"
Experienced Criminal Defense Lawyer
Trials, Sentencings and Appeals
Federal And State Criminal Defense
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PENAL CODE CHAPTER 34.
MONEY LAUNDERING
§ 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; and
(C) official foreign bank notes that are
customarily used and accepted as a medium of exchange in a foreign
country and foreign bank drafts.
(3) "Peace officer" means a person who is elected,
appointed, or employed by a governmental entity and who is a peace
officer under Article 2.12, Code of Criminal Procedure, or other
law.
(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, § 2, eff. Sept. 1, 1993.
§ 34.02. MONEY LAUNDERING. (a) A person commits an
offense if the person knowingly:
(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, 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.
(b) For purposes of Subsection (a)(3) of this section, a
person is presumed to believe that funds are the proceeds 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 criminal activity, 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 felony of the third degree if the value of the
funds is $3,000 or more but less than $20,000;
(2) a felony of the second degree if the value of the
funds is $20,000 or more but less than $100,000; or
(3) a felony of the first degree if the value of the
funds is $100,000 or more.
Added by Acts 1993, 73rd Leg., ch. 761, § 2, eff. Sept. 1, 1993.
§ 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, § 2, eff. Sept. 1, 1993.
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