HOUSE BILL NO. 375
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 5, Subchapter III, Title 11 of the Delaware Code by adding a new “ Subpart L. Concealment of Funds.” to read as follows:
“Subpart L. Concealment of Funds.
§ 951. Money laundering; class D felony.
(a) A person is guilty of money laundering when:
(1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or
(2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or
(3) The person knowingly 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
(4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity.
(b) 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.
(c) For purposes of this Section, the following definitions shall apply:
(1) ‘Criminal activity’ means any offense that is a crime under the Laws of Delaware, another state, or the United States.
(2) ‘Funds’ includes:
a. coin or currency of the United States or any other country;
b. bank checks or money orders; or
c. investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery.
(3) ‘Funds that the person believes are the proceeds of criminal activity’ means any funds that are believed to be proceeds of criminal activity including funds that are not the proceeds of criminal activity.
(4) ‘Proceeds’ means funds acquired or derived directly or indirectly from, produced through, or realized through an act.
(d) It is a defense to prosecution under this Section that the transaction was necessary to preserve a person’s right to representation as guaranteed by the Sixth Amendment of the United States Constitution or by Article I, Section 17 of the Delaware Constitution or that the funds were received as bona fide legal fees by a licensed attorney and at the time of their receipt, the attorney did not have actual knowledge that the funds were derived from criminal activity.
(e) Money laundering is a class D felony.
(f) Money laundering shall not be deemed to be a related or included offense of any other provision of this Code. Prosecution and sentencing for money laundering shall not be deemed to preclude prosecution or sentencing under any other provision of this Code.”.
Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application; and, to that end, the provisions of this Act are declared to be severable.
Approved June 30, 2008