708A-3  Money laundering; criminal penalty.  (1)  It is unlawful for any person:

     (a)  Who knows that the property involved is the proceeds of some form of unlawful activity, to knowingly transport, transmit, transfer, receive, or acquire the property or to conduct a transaction involving the property, when, in fact, the property is the proceeds of specified unlawful activity:

          (i)  With the intent to promote the carrying on of specified unlawful activity; or

         (ii)  Knowing that the transportation, transmission, transfer, receipt, or acquisition of the property or the transaction or transactions is designed in whole or in part to:

               (A)  Conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

               (B)  Avoid a transaction reporting requirement under state or federal law;

     (b)  Who knows that the property involved in the transaction is the proceeds of some form of unlawful activity, to knowingly engage in the business of conducting, directing, planning, organizing, initiating, financing, managing, supervising, or facilitating transactions involving the property that, in fact, is the proceeds of specified unlawful activity:

          (i)  With the intent to promote the carrying on of specified unlawful activity; or

         (ii)  Knowing that the business is designed in whole or in part to:

               (A)  Conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

               (B)  Avoid a transaction reporting requirement under state or federal law; or

     (c)  To knowingly conduct or attempt to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, with the intent to:

          (i)  Promote the carrying on of specified unlawful activity; or

         (ii)  Conceal or disguise the nature, the location, the source, the ownership, or the control of property believed to be the proceeds of specified unlawful activity.

Terms Used In Hawaii Revised Statutes 708A-3

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Proceeds: means property of any kind acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission. See Hawaii Revised Statutes 708A-2
  • Property: means anything of value, including any interest, benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible. See Hawaii Revised Statutes 708A-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Specified unlawful activity: means any act, or series of acts, that:

         (a)  Constitutes a felony under the laws of this State;

         (b)  If occurring outside this State, may be punishable by confinement for more than one year under the laws of the jurisdiction in which the act occurred;

         (c)  Involves an act or acts constituting the offense of gambling, criminal property damage, extortion, theft, or prostitution or a drug offense under chapters 329, 329C, or part IV of chapter 712 or any firearm offense; or

         (d)  If occurring outside this State, would constitute the offense of gambling, criminal property damage, extortion, theft, or prostitution or a drug offense under chapters 329, 329C, or part IV of chapter 712 or any firearm offense under the laws of this State. See Hawaii Revised Statutes 708A-2

  • Transaction: includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase, sale, or exchange of any monetary instrument, use of a safe deposit box, or any other acquisition or disposition of property by whatever means effected. See Hawaii Revised Statutes 708A-2
  • Unlawful activity: means any act that is chargeable or indictable as an offense of any degree or class under the laws of this State or under federal law or, if the act occurred in a jurisdiction other than this State, would be chargeable or indictable as an offense of any degree or class under the laws of this State or under federal law. See Hawaii Revised Statutes 708A-2

     (2)  For the purpose of the offense described in subsection (1)(c), the defendant‘s knowledge may be established by proof that a law enforcement officer represented the matter specified in subsection (1)(c) as true, and the defendant’s subsequent statements or actions indicate that the defendant believed the representations to be true.

     (3)  For the purposes of subsection (1)(c), the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a state or county official authorized to investigate or prosecute violations of this section.

     (4)  This section shall not apply to any person who commits any act described in this section unless:

     (a)  The person believes the value or aggregate value of the property transported, transmitted, transferred, received, or acquired is $8,000 or more; or

     (b)  The value or the aggregate value of the property transported, transmitted, transferred, received, or acquired is $8,000 or more.

     (5)  A person who violates subsection (1):

     (a)  Is guilty of a class C felony where the value or aggregate value of the property transported, transmitted, transferred, received, or acquired is less than $10,000, and may be fined not more than $16,000 or twice the value of the property involved, whichever is greater; or

     (b)  Is guilty of a class B felony where the value or aggregate value of the property transported, transmitted, transferred, received, or acquired is $10,000 or more, and may be fined not more than $25,000 or twice the value of the property involved, whichever is greater.