Money Laundering

Chapter 34 of the Texas Penal Code defines money laundering.

“Money Laundering”, as per § 34.02 of the Texas Penal Code, occurs when a person knowingly:

  • acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity;
  • conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity;
  • invests, expends, or receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or
  • finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity.

Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section.

An offense under this section is:

  • a state jail felony if the value of the funds is $2,500 or more but less than $30,000;
  • a felony of the third degree if the value of the funds is $30,000 or more but less than $150,000;
  • a felony of the second degree if the value of the funds is $150,000 or more but less than $300,000; or
  • a felony of the first degree if the value of the funds is $300,000 or more.

Punishment Range

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

  • Imprisonment in the institutional division for not more than 20 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or
  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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