(a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:
(A) With the intent to promote the carrying on of unlawful activity; or
(B) Knowing that the transaction is designed in whole or in part to:
(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or
(ii) Avoid a transaction reporting requirement under federal law;
(b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:
(A) With the intent to promote the carrying on of unlawful activity; or
(B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:
(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or
(ii) Avoid a transaction reporting requirement under federal law; or
(c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:
(A) Promote the carrying on of unlawful activity;
(B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or
(C) Avoid a transaction reporting requirement under federal law.
(2)(a) Laundering a monetary instrument is a Class B felony.
(b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.
(3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant’s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant’s subsequent statements or actions indicate that the defendant believed the representations to be true.
(4) For purposes of subsection (1)(c) of this section, "represented" includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.
(5) As used in this section:
(a) "Conducts" includes initiating, concluding or participating in the initiation or conclusion of a transaction.
(b) "Federal officer" has the meaning given that term in ORS 133.005.
(c) "Financial institution" has the meaning given that term in ORS 706.008.
(d) "Financial transaction" means a transaction involving:
(A) The movement of funds by wire or other means;
(B) One or more monetary instruments;
(C) The transfer of title to any real property, vehicle, vessel or aircraft; or
(D) The use of a financial institution.
(e) "Monetary instrument" means:
(A) Coin or currency of the United States or of any other country, traveler’s checks, personal checks, bank checks, cashier’s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or
(B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.
(f) "Peace officer" has the meaning given that term in ORS 133.005.
(g) "Transaction" includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.
(h) "Unlawful activity" means any act constituting a felony under state, federal or foreign law. [1999 c.878 §1]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 164 - Offenses Against Property
Section 164.005 - Definitions.
Section 164.015 - "Theft" described.
Section 164.025 - Consolidation of theft offenses; pleading and proof.
Section 164.043 - Theft in the third degree.
Section 164.045 - Theft in the second degree.
Section 164.055 - Theft in the first degree.
Section 164.057 - Aggravated theft in the first degree.
Section 164.063 - Disproportionate impact; rules.
Section 164.085 - Theft by deception.
Section 164.095 - Theft by receiving.
Section 164.098 - Organized retail theft.
Section 164.105 - Right of possession.
Section 164.115 - Value of property.
Section 164.125 - Theft of services.
Section 164.130 - Application of ORS 164.125 to telephone or telegraph services; jurisdiction.
Section 164.132 - Unlawful distribution of cable television equipment.
Section 164.135 - Unauthorized use of a vehicle.
Section 164.138 - Criminal possession of a rented or leased motor vehicle.
Section 164.140 - Criminal possession of rented or leased personal property.
Section 164.160 - Definitions.
Section 164.162 - Mail theft or receipt of stolen mail.
Section 164.164 - Defense in prosecution under ORS 164.162; applicability of ORS 164.162.
Section 164.170 - Laundering a monetary instrument.
Section 164.172 - Engaging in a financial transaction in property derived from unlawful activity.
Section 164.205 - Definitions for ORS 164.205 to 164.270.
Section 164.215 - Burglary in the second degree.
Section 164.225 - Burglary in the first degree.
Section 164.235 - Possession of a burglary tool or theft device.
Section 164.245 - Criminal trespass in the second degree.
Section 164.255 - Criminal trespass in the first degree.
Section 164.265 - Criminal trespass while in possession of a firearm.
Section 164.270 - Closure of premises to motor-propelled vehicles.
Section 164.272 - Unlawful entry into a motor vehicle.
Section 164.274 - Definitions for ORS 164.276 and 164.278.
Section 164.276 - Authority of sports official to expel persons from sports event.
Section 164.278 - Criminal trespass at a sports event.
Section 164.305 - Definitions for ORS 164.305 to 164.377.
Section 164.315 - Arson in the second degree.
Section 164.325 - Arson in the first degree.
Section 164.335 - Reckless burning.
Section 164.338 - Arson incident to the manufacture of a controlled substance in the second degree.
Section 164.342 - Arson incident to the manufacture of a controlled substance in the first degree.
Section 164.345 - Criminal mischief in the third degree.
Section 164.354 - Criminal mischief in the second degree.
Section 164.365 - Criminal mischief in the first degree.
Section 164.367 - Determining value of damage; aggregation.
Section 164.373 - Tampering with cable television equipment.
Section 164.377 - Computer crime.
Section 164.381 - Definitions.
Section 164.383 - Unlawfully applying graffiti.
Section 164.386 - Unlawfully possessing a graffiti implement.
Section 164.395 - Robbery in the third degree.
Section 164.405 - Robbery in the second degree.
Section 164.415 - Robbery in the first degree.
Section 164.785 - Placing offensive substances in waters, on highways or other property.
Section 164.805 - Offensive littering.
Section 164.813 - Unlawful cutting and transport of special forest products.
Section 164.814 - State Forester required to develop forms for special forest products.
Section 164.825 - Cutting and transport of coniferous trees without permit or bill of sale.
Section 164.828 - Ownership as affirmative defense under ORS 164.813 and 164.825.
Section 164.835 - Investigation to prevent violations of ORS 164.813 and 164.825.
Section 164.857 - Unlawfully transporting metal property.
Section 164.863 - Unlawful transport of meat animal carcasses.
Section 164.864 - Definitions for ORS 164.864 to 164.882.
Section 164.865 - Unlawful sound recording.
Section 164.866 - Civil action for injuries caused by criminal acts.
Section 164.867 - Applicability of ORS 164.868, 164.869 and 164.872.
Section 164.868 - Unlawful labeling of a sound recording.
Section 164.869 - Unlawful recording of a live performance.
Section 164.872 - Unlawful labeling of a videotape recording.
Section 164.873 - Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875.
Section 164.875 - Unlawful videotape recording.
Section 164.882 - Unlawful operation of an audiovisual device.
Section 164.885 - Endangering aircraft.
Section 164.887 - Interference with agricultural operations.