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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/Art. 29B

 
    (720 ILCS 5/Art. 29B heading)
ARTICLE 29B. MONEY LAUNDERING

720 ILCS 5/29B-0.5

    (720 ILCS 5/29B-0.5)
    Sec. 29B-0.5. Definitions. In this Article:
    "Conduct" or "conducts" includes, in addition to its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction.
    "Criminally derived property" means: (1) any property, real or personal, constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law; or (2) any property represented to be property constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law.
    "Department" means the Department of State Police of this State or its successor agency.
    "Director" means the Director of State Police or his or her designated agents.
    "Financial institution" means any bank; savings and loan association; trust company; agency or branch of a foreign bank in the United States; currency exchange; credit union; mortgage banking institution; pawnbroker; loan or finance company; operator of a credit card system; issuer, redeemer, or cashier of travelers checks, checks, or money orders; dealer in precious metals, stones, or jewels; broker or dealer in securities or commodities; investment banker; or investment company.
    "Financial transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition utilizing criminally derived property, and with respect to financial institutions, 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 safe deposit box, or any other payment, transfer or delivery by, through, or to a financial institution. "Financial transaction" also means a transaction which without regard to whether the funds, monetary instruments, or real or personal property involved in the transaction are criminally derived, any transaction which in any way or degree: (1) involves the movement of funds by wire or any other means; (2) involves one or more monetary instruments; or (3) the transfer of title to any real or personal property. The receipt by an attorney of bona fide fees for the purpose of legal representation is not a financial transaction for purposes of this Article.
    "Form 4-64" means the Illinois State Police Notice/Inventory of Seized Property (Form 4-64).
    "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or foreign law.
    "Monetary instrument" means United States coins and currency; coins and currency of a foreign country; travelers checks; personal checks, bank checks, and money orders; investment securities; bearer negotiable instruments; bearer investment securities; or bearer securities and certificates of stock in a form that title passes upon delivery.
    "Specified criminal activity" means any violation of Section 29D-15.1 and any violation of Article 29D of this Code.
    "Transaction reporting requirement under State law" means any violation as defined under the Currency Reporting Act.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

720 ILCS 5/29B-1

    (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
    Sec. 29B-1. Money laundering.
    (a) A person commits the offense of money laundering:
        (1) when, knowing that the property involved in a
    
financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct the financial transaction which in fact involves criminally derived property:
            (A) with the intent to promote the carrying on
        
of the unlawful activity from which the criminally derived property was obtained; or
            (B) where he or she knows or reasonably should
        
know that the financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            
location, the source, the ownership or the control of the criminally derived property; or
                (ii) to avoid a transaction reporting
            
requirement under State law; or
        (1.5) when he or she transports, transmits, or
    
transfers, or attempts to transport, transmit, or transfer a monetary instrument:
            (A) with the intent to promote the carrying on of
        
the unlawful activity from which the criminally derived property was obtained; or
            (B) knowing, or having reason to know, that the
        
financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            
location, the source, the ownership or the control of the criminally derived property; or
                (ii) to avoid a transaction reporting
            
requirement under State law; or
        (2) when, with the intent to:
            (A) promote the carrying on of a specified
        
criminal activity as defined in this Article; or
            (B) conceal or disguise the nature, location,
        
source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined in this Article; or
            (C) avoid a transaction reporting requirement
        
under State law,
    he or she conducts or attempts to conduct a financial
    
transaction involving property he or she believes to be the proceeds of specified criminal activity or property used to conduct or facilitate specified criminal activity as defined in this Article.
    (b) (Blank).
    (c) Sentence.
        (1) Laundering of criminally derived property of a
    
value not exceeding $10,000 is a Class 3 felony;
        (2) Laundering of criminally derived property of a
    
value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;
        (3) Laundering of criminally derived property of a
    
value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;
        (4) Money laundering in violation of subsection
    
(a)(2) of this Section is a Class X felony;
        (5) Laundering of criminally derived property of a
    
value exceeding $500,000 is a Class 1 non-probationable felony;
        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
    
this Section, the sentences are as follows:
            (A) Laundering of property of a value not
        
exceeding $10,000 is a Class 3 felony;
            (B) Laundering of property of a value exceeding
        
$10,000 but not exceeding $100,000 is a Class 2 felony;
            (C) Laundering of property of a value exceeding
        
$100,000 but not exceeding $500,000 is a Class 1 felony;
            (D) Laundering of property of a value exceeding
        
$500,000 is a Class 1 non-probationable felony.
(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)

720 ILCS 5/29B-2

    (720 ILCS 5/29B-2)
    Sec. 29B-2. Evidence in money laundering prosecutions. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity:
        (1) a financial transaction was conducted or
    
structured or attempted in violation of the reporting requirements of any State or federal law;
        (2) a financial transaction was conducted or
    
attempted with the use of a false or fictitious name or a forged instrument;
        (3) a falsely altered or completed written instrument
    
or a written instrument that contains any materially false personal identifying information was made, used, offered, or presented, whether accepted or not, in connection with a financial transaction;
        (4) a financial transaction was structured or
    
attempted to be structured so as to falsely report the actual consideration or value of the transaction;
        (5) a money transmitter, a person engaged in a trade
    
or business, or any employee of a money transmitter or a person engaged in a trade or business, knows or reasonably should know that false personal identifying information has been presented and incorporates the false personal identifying information into any report or record;
        (6) the criminally derived property is transported or
    
possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of the property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to the property;
        (7) a person pays or receives substantially less than
    
face value for one or more monetary instruments; or
        (8) a person engages in a transaction involving one
    
or more monetary instruments, where the physical condition or form of the monetary instrument or instruments makes it apparent that they are not the product of bona fide business or financial transactions.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)