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5-42-204. Criminal use of property or laundering criminal proceeds.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-42-204. Criminal use of property or laundering criminal proceeds.
(a) A person commits the offense of criminal use of property or laundering criminal proceeds if the person knowingly:
(1) Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to:
(A) Conceal the location, source, ownership, or control of the criminal proceeds;
(B) Avoid a reporting requirement under state or federal law; or
(C) Acquire any interest in the criminal proceeds; or
(2) Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense.
(b) Any person who is guilty of criminal use of property or laundering criminal proceeds commits a Class C felony.
(c)(1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.
(2) The standard of proof in an action brought under this subsection is preponderance of the evidence.
(3) The procedures for forfeiture and distribution in the asset forfeiture law, § 5-64-505, apply.
(4) A defendant in a civil action brought under this subsection is entitled to trial by ju
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-42-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-42-204
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 37f1e7c631066841c598adc142b78b315f7daeaa4eaa0a002f5b2b060af57952
Source location: content.xml paragraph 18759
Stored source content
5-42-204. Criminal use of property or laundering criminal proceeds.
(a) A person commits the offense of criminal use of property or laundering criminal proceeds if the person knowingly:
(1) Conducts or attempts to conduct a transaction involving criminal proceeds that were derived from any predicate criminal offense, or that were represented to be criminal proceeds from any predicate criminal offense, with the intent to:
(A) Conceal the location, source, ownership, or control of the criminal proceeds;
(B) Avoid a reporting requirement under state or federal law; or
(C) Acquire any interest in the criminal proceeds; or
(2) Uses or makes available for use any property in which he or she has any ownership or lawful possessory interest to facilitate a predicate criminal offense.
(b) Any person who is guilty of criminal use of property or laundering criminal proceeds commits a Class C felony.
(c)(1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against any person who violates this section, jointly and severally, for damages in an amount equal to property, funds, or a monetary instrument involved in the violation as well as the proceeds acquired by any person involved in the enterprise or by reason of conduct in furtherance of the violation, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.
(2) The standard of proof in an action brought under this subsection is preponderance of the evidence.
(3) The procedures for forfeiture and distribution in the asset forfeiture law, § 5-64-505, apply.
(4) A defendant in a civil action brought under this subsection is entitled to trial by jury.
(d)(1) An attorney who represents a criminal defendant or person who he or she reasonably believes may become a criminal defendant may not be prosecuted for receiving payment for a service rendered to a person whom he or she represents in a criminal proceeding or in dealing with a matter that might reasonably become the subject of a criminal proceeding.
(2) Should a court deny a motion to dismiss, a licensed attorney may maintain this as a defense at trial.
(3) No payment described in subdivision (d)(1) of this section may be seized from the attorney if the payment was received for a service rendered pursuant to prosecution under this section, unless a court of competent jurisdiction determines after a hearing that seizure of the property is necessary for prosecution of any criminal matter and is not protected by any applicable privilege.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-505. Property subject to forfeiture — Procedure — Disposition of property.
(a) Items Subject to Forfeiture. The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this section, however no property is subject to forfeiture based solely upon a misdemeanor possession of a Schedule III, Schedule IV, Schedule V, or Schedule VI controlled substance:
(1) Any controlled substance or counterfeit substance that has been manufactured, distributed, dispensed, or acquired in violation of this chapter;
(2) Any raw material, product, or equipment of any kind that is used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or counterfeit substance in violation of this chapter;
(3) Any property that is used, or intended for use, as a container for property described in subdivision (a)(1) or subdivision (a)(2) of this section;
(4) Any conveyance, including an aircraft, vehicle, or vessel that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of sale or receipt of property described in subdivision (a)(1) or subdivision (a)(2) of this section, however:
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(B)(i) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-505
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-505. This identifies an authority to review, not proof of applicability.