(1)  A person commits the offense of money laundering who:

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Terms Used In Utah Code 76-10-1903

  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities. See Utah Code 76-10-1902
  • Proceeds: means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes property of any kind. See Utah Code 76-10-1902
  • Property: means anything of value, and includes an interest in property, including a benefit, privilege, land, or right with respect to anything of value, whether real or personal, tangible or intangible. See Utah Code 76-10-1902
  • Specified unlawful activity: means an unlawful activity defined as an unlawful activity in Section 76-10-1602, except an illegal act under Title 18, Section 1961(1)(B), (C), and (D), United States Code, and includes activity committed outside this state which, if committed within this state, would be unlawful activity. See Utah Code 76-10-1902
  • transaction: includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See Utah Code 76-10-1902
(a)  transports, receives, or acquires the property which is in fact proceeds of the specified unlawful activity, knowing that the property involved represents the proceeds of some form of unlawful activity;

(b)  makes proceeds of unlawful activity available to another by transaction, transportation, or other means, knowing that the proceeds are intended to be used for the purpose of continuing or furthering the commission of specified unlawful activity;

(c)  conducts a transaction knowing the property involved in the transaction represents the proceeds of some form of unlawful activity with the intent:

(i)  to promote the unlawful activity;

(ii)  to conceal or disguise the nature, location, source, ownership, or control of the property; or

(iii)  to avoid a transaction reporting requirement under this chapter or under federal law; or

(d)  knowingly accepts or receives property which is represented to be proceeds of unlawful activity.

(2)  Under Subsection (1)(d), knowledge that the property represents the proceeds of unlawful activity may be established by proof that a law enforcement officer or an individual acting at the request of a law enforcement officer made the representations and the person’s subsequent statements or actions indicate that the person believed those representations to be true.

Amended by Chapter 74, 2009 General Session