Montana Code 45-6-341. Money laundering
45-6-341. Money laundering. (1) A person commits the offense of money laundering if the person knowingly:
Terms Used In Montana Code 45-6-341
- Conviction: A judgement of guilt against a criminal defendant.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.