Section 18-5-309 - Money laundering - illegal investments - penalty - definitions(1) A person commits money laundering if he or she:(a) Conducts or attempts to conduct a financial transaction that involves money or any other thing of value that he or she knows or believes to be the proceeds, in any form, of a criminal offense:(I) With the intent to promote the commission of a criminal offense; or(II) With knowledge or a belief that the transaction is designed in whole or in part to: (A) Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or(B) Avoid a transaction reporting requirement under federal law;(b) Transports, transmits, or transfers a monetary instrument or moneys:(I) With the intent to promote the commission of a criminal offense; or(II) With knowledge or a belief that the monetary instrument or moneys represent the proceeds of a criminal offense and that the transportation, transmission, or transfer is designed, in whole or in part, to:(A) Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or(B) Avoid a transaction reporting requirement under federal law; or(c) Intentionally conducts a financial transaction involving property that is represented to be the proceeds of a criminal offense, or involving property that the person knows or believes to have been used to conduct or facilitate a criminal offense, to: (I) Promote the commission of a criminal offense;(II) Conceal or disguise the nature, location, source, ownership, or control of property that the person believes to be the proceeds of a criminal offense; or(III) Avoid a transaction reporting requirement under federal law.(2) Money laundering is a class 3 felony.(3) As used in this section, unless the context otherwise requires: (a) "Conducts or attempts to conduct a financial transaction" includes, but is not limited to, initiating, concluding, or participating in the initiation or conclusion of a transaction.(b) "Financial transaction" means a transaction involving:(I) The movement of moneys by wire or other means;(II) One or more monetary instruments;(III) The transfer of title to any real property, vehicle, vessel, or aircraft; or(IV) The use of a financial institution.(c) "Monetary instrument" means:(I) Coin or currency of the United States or any other country; a traveler's check; a personal check; a bank check; a cashier's check; a money order; a bank draft of any country; or gold, silver, or platinum bullion or coins;(II) An investment security or negotiable instrument in bearer form or in other form such that title passes upon delivery; or(III) A gift card or other device that is the equivalent of money and can be used to obtain cash, property, or services.(d) "Represent" includes, but is not limited to, the making of a representation by a peace officer, a federal officer, or another person acting at the direction of, or with the approval of, a peace officer or federal officer.(e) "Transaction" includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition and, with respect to a financial institution, includes a deposit; a withdrawal; a transfer between accounts; an exchange of currency; a loan; an extension of credit; a purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument; the use of a safe deposit box; or any other payment, transfer, or delivery by, through, or to a financial institution by whatever means.L. 2010: Entire section added, (HB 10-1081), ch. 256, p. 1138, §1, effective August 11.