45-6-341. Money laundering. (1) A person commits the offense of money laundering if the person knowingly:
(a) receives or acquires the proceeds of, or engages in transactions involving proceeds of, any activity that is unlawful under the laws of the United States or the state in which the activity occurred;
(b) gives, sells, transfers, trades, invests, conceals, transports, or otherwise makes available anything of value that the person knows is intended to be used for the purpose of committing or furthering the commission of any activity that is unlawful under the laws of the United States or the state in which the committing or furthering of the commission of the activity occurs;
(c) directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred; or
(d) conducts a financial transaction involving proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds or to avoid a transaction reporting requirement under federal law.
(2) A person convicted of money laundering shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. If the money laundering is part of a common scheme or if the value of the proceeds or item of value exceeds $1,500, the person shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 20 years, or both.
(3) (a) Upon conviction, the court shall order the following property possessed by a person convicted of money laundering to be forfeited:
(i) money, including digital currency, and raw materials, products, equipment of any kind, and any other personal property involved in the money laundering;
(ii) personal property constituting or derived from proceeds obtained directly or indirectly from the money laundering; and
(iii) real property, including any right, title, and interest in any lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner to commit or facilitate the commission of, or that is derived from or maintained by the proceeds resulting from, the money laundering.
(b) The sheriff of the county where forfeited property is located shall sell the property at auction. The proceeds of the sale must be deposited in the state general fund.
(4) For purposes of this section, "digital currency" means money represented by digital information that is stored, spent, and transferred electronically by a person as part of a financial transaction.
History: En. Sec. 1, Ch. 276, L. 2005; amd. Sec. 14, Ch. 473, L. 2009.
Structure Montana Code Annotated
Chapter 6. Offenses Against Property
Part 3. Theft and Related Offenses
45-6-302. Theft of lost or mislaid property
45-6-303. Offender's interest in the property
45-6-305. Theft of labor or services or use of property
45-6-306. Obtaining communication services with intent to defraud
45-6-307. Aiding the avoidance of telecommunications charges
45-6-308. Unauthorized use of motor vehicles
45-6-309. Failure to return rented or leased personal property
45-6-310. Definition -- computer use
45-6-311. Unlawful use of a computer
45-6-312. Unauthorized acquisition or transfer of food stamps
45-6-314. Theft by disposal of stolen property
45-6-315. Defrauding creditors
45-6-318. Deceptive business practices
45-6-319. Chain distributor schemes
45-6-320. Theft of nonferrous metal
45-6-321. through 45-6-324 reserved
45-6-326. Obscuring identity of machine
45-6-327. Illegal branding or altering or obscuring of brand
45-6-329. Disposition of property and proceeds of sale
45-6-330. and 45-6-331 reserved
45-6-334. through 45-6-340 reserved