{
 "citation": "14:230",
 "heading": "Money laundering; transactions involving proceeds of criminal activity",
 "doc_id": "78382",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78382",
 "classification": "F",
 "enacted_year": "1994",
 "last_amended_year": "2017",
 "penalties": [
  {
   "subsection": "E(1)",
   "text": "E.(1) Whoever violates the provisions of this Section, if the value of the funds is less than three thousand dollars, may be imprisoned for not more than six months or fined not more than one thousand dollars, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(2)",
   "text": "(2) Whoever violates the provisions of this Section, if the value of the funds is three thousand dollars or more but less than twenty thousand dollars, may be imprisoned with or without hard labor for not less than two years nor more than ten years and may be fined not more than ten thousand dollars.",
   "los_min": "2Y",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(3)",
   "text": "(3) Whoever violates the provisions of this Section, if the value of the funds is twenty thousand dollars or more but less than one hundred thousand dollars, shall be imprisoned at hard labor for not less than two years nor more than twenty years and may be fined not more than twenty thousand dollars.",
   "los_min": "2Y",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E(4)",
   "text": "(4) Whoever violates the provisions of this Section, if the value of the funds is one hundred thousand dollars or more, shall be imprisoned at hard labor for not less than two years nor more than fifty years and may be fined not more than fifty thousand dollars.",
   "los_min": "2Y",
   "los_max": "50Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "40:2402"
 ],
 "text": "RS 14:230\n\n\u00a7230. Money laundering; transactions involving proceeds of criminal activity\n\nA. As used in this Section:\n\n(1) \"Criminal activity\" means any offense, including conspiracy and attempt to\ncommit the offense, that is classified as a felony under the laws of this state or the United\nStates or that is punishable by confinement for more than one year under the laws of another\nstate.\n\n(2) \"Funds\" means any of the following:\n\n(a) Coin or paper money of the United States or any other country that is designated\nas legal tender and that circulates and is customarily used and accepted as a medium of\nexchange in the country of issue.\n\n(b) United States silver certificates, United States Treasury notes, and Federal\nReserve System notes.\n\n(c) Official foreign bank notes that are customarily used and accepted as a medium\nof exchange in a foreign country and foreign bank drafts.\n\n(d) Electronic or written checks, drafts, money orders, traveler's checks, or other\nelectronic or written instruments or orders for the transmission or payment of money.\n\n(e) Investment securities or negotiable instruments, in bearer form or otherwise in\nsuch form that title thereto passes upon delivery.\n\n(3) \"Peace officer\" has the same meaning as in R.S. 40:2402(1)(a).\n\n(4) \"Proceeds\" means funds acquired or derived directly or indirectly from or\nproduced or realized through an act.\n\nB. It is unlawful for any person knowingly to do any of the following:\n\n(1) Conduct, supervise, or facilitate a financial transaction involving proceeds known\nto be derived from criminal activity, when the transaction is designed in whole or in part to\nconceal or disguise the nature, location, source, ownership, or the control of proceeds known\nto be derived from such violation or to avoid a transaction reporting requirement under state\nor federal law.\n\n(2) Give, sell, transfer, trade, invest, conceal, transport, maintain an interest in, or\notherwise make available anything of value known to be for the purpose of committing or\nfurthering the commission of any criminal activity.\n\n(3) Direct, plan, organize, initiate, finance, manage, supervise, or facilitate the\ntransportation or transfer of proceeds known to be derived from any violation of criminal\nactivity.\n\n(4) Receive or acquire proceeds derived from any violation of criminal activity, or\nknowingly or intentionally engage in any transaction that the person knows involves proceeds\nfrom any such violations.\n\n(5) Acquire or maintain an interest in, receive, conceal, possess, transfer, or transport\nthe proceeds of criminal activity.\n\n(6) Invest, expend, or receive, or offer to invest, expend, or receive, the proceeds of\ncriminal activity.\n\nC. It is a defense to prosecution under this Section that the person acted with intent\nto facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law\nenforcement purpose pursuant to the laws of this state or the United States.\n\nD. It is a defense to prosecution under this Section that the transaction was necessary\nto preserve a person's right to representation as guaranteed by the Sixth Amendment of the\nConstitution of the United States and by Article I, Section 13 of the Constitution of Louisiana\nor that the funds were received as bona fide legal fees by a licensed attorney and, at the time\nof their receipt, the attorney did not have actual knowledge that the funds were derived from\ncriminal activity.\n\nE.(1) Whoever violates the provisions of this Section, if the value of the funds is less\nthan three thousand dollars, may be imprisoned for not more than six months or fined not\nmore than one thousand dollars, or both.\n\n(2) Whoever violates the provisions of this Section, if the value of the funds is three\nthousand dollars or more but less than twenty thousand dollars, may be imprisoned with or\nwithout hard labor for not less than two years nor more than ten years and may be fined not\nmore than ten thousand dollars.\n\n(3) Whoever violates the provisions of this Section, if the value of the funds is\ntwenty thousand dollars or more but less than one hundred thousand dollars, shall be\nimprisoned at hard labor for not less than two years nor more than twenty years and may be\nfined not more than twenty thousand dollars.\n\n(4) Whoever violates the provisions of this Section, if the value of the funds is one\nhundred thousand dollars or more, shall be imprisoned at hard labor for not less than two\nyears nor more than fifty years and may be fined not more than fifty thousand dollars.\n\nActs 1994, 3rd Ex. Sess., No. 78, \u00a71; Acts 2010, No. 608, \u00a71; Acts 2017, No. 281,\n\u00a71."
}