Sec. 34.02. MONEY LAUNDERING. (a) A person commits an offense if the person knowingly:
(1) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity;
(2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity;
(3) 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) finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity.
(a-1) 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.
(b) For purposes of this section, a person is presumed to believe that funds are the proceeds of or are intended to further the commission of criminal activity if a peace officer or a person acting at the direction of a peace officer represents to the person that the funds are proceeds of or are intended to further the commission of criminal activity, as applicable, regardless of whether the peace officer or person acting at the peace officer's direction discloses the person's status as a peace officer or that the person is acting at the direction of a peace officer.
(c) It is a defense to prosecution under this section that the person acted with intent to facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement purpose pursuant to the laws of this state or the United States.
(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 and by Article 1, Section 10, of the Texas 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) An offense under this section is:
(1) a state jail felony if the value of the funds is $2,500 or more but less than $30,000;
(2) a felony of the third degree if the value of the funds is $30,000 or more but less than $150,000;
(3) a felony of the second degree if the value of the funds is $150,000 or more but less than $300,000; or
(4) a felony of the first degree if the value of the funds is $300,000 or more.
(f) For purposes of this section, if proceeds of criminal activity are related to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the value of the proceeds aggregated in determining the classification of the offense.
(g) For purposes of this section, funds on deposit at a branch of a financial institution are considered the property of that branch and any other branch of the financial institution.
(h) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 2, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 24, eff. September 1, 2015.
Notes of Decisions
Cited in
112
cases (
14 in the last 5 years), 1996–2025 · leading case:
Ex Parte Ellis, 279 S.W.3d 1 (Tex. App.—Austin 2009).
Ex Parte Ellis, 279 S.W.3d 1 (Tex. App.—Austin 2009).
· cites it 8× “Laws 2966 , 2967 (amended 2005) (current version at Tex. Penal Code Ann. § 34.02 (West Supp.2008)) (money laundering); [1] Tex.”
Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014).
· cites it 4× “Tex. Penal Code § 34.02(a)(2), (e). The offense is alleged to have occurred in 2002, at which time it was a first-degree felony to launder money of an aggregate value greater than $100,000.”
Thomas Dale DeLay v. State, 410 S.W.3d 902 (Tex. App.—Austin 2013).
· cites it 9× “See Tex. Penal Code § 34.02(a) (elements of money laundering).”
Delay, Thomas Dale, 443 S.W.3d 909 (Tex. Crim. App. 2014).
· cites it 4× “Tex. Penal Code § 34.02(a)(2), (e). The offense is alleged to have occurred in 2002,.”
O'Brien v. State, 544 S.W.3d 376 (Tex. Crim. App. 2018).
· cites it 2× “Tex. Penal Code § 34.02(a)(1) ; see also Deschenes v.”
Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016).
“Tex. Penal Code § 34.02. Bribery was the only predicate offense alleged to support the money-laundering count.”
Vafaiyan v. State, 279 S.W.3d 374 (Tex. App.—Fort Worth 2008).
· cites it 2× “Under the version of Texas Penal Code section 34.02 in effect at the time of the offense, a person committed the offense of money laundering in the first degree if the person knowingly acquired or maintained an interest in, concealed, possessed, transferred, or transported the…”
Ajisebutu v. State, 236 S.W.3d 309 (Tex. App.—Houston [1st Dist.] 2007).
· cites it 2× “Laws 2966 , 2967 (amended 2005) (current version at Tex. Pen.Code Ann. §§ 34.02 (Vernon Supp.”
Acosta, Victor Manuel, 429 S.W.3d 621 (Tex. Crim. App. 2014).
“Tex. Penal Code § 34.02(a)(1). 13 . Miller v.”
Ex Parte Ellis, 309 S.W.3d 71 (Tex. Crim. App. 2010).
“Tex. Penal Code § 34.02(a)(2). 47 . Id., § 34.”
Walter Demond v. State, 452 S.W.3d 435 (Tex. App.—Austin 2014).
· cites it 2× “See Tex. Penal Code § 34.02(a)(2). This analysis is consistent with federal cases dealing with similar federal statutes.”
Cary v. State, 507 S.W.3d 761 (Tex. Crim. App. 2016).
“Tex. Penal Code § 34.02(a)(4), (f). The only predicate offense charged was bribery.”
Tex. Penal Code § 34.02(a): 5 cases
Thomas Dale DeLay v. State, 410 S.W.3d 902 (Tex. App.—Austin 2013).
“See Tex. Penal Code § 34.02(a) (elements of money laundering).”
Tex. Penal Code § 34.02(a)(1): 13 cases
Acosta, Victor Manuel, 429 S.W.3d 621 (Tex. Crim. App. 2014).
“Tex. Penal Code § 34.02(a)(1). 13 . Miller v.”
O'Brien v. State, 544 S.W.3d 376 (Tex. Crim. App. 2018).
“Tex. Penal Code § 34.02(a)(1) ; see also Deschenes v.”
Tex. Penal Code § 34.02(a)(2): 11 cases
Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014).
“Tex. Penal Code § 34.02(a)(2), (e). The offense is alleged to have occurred in 2002, at which time it was a first-degree felony to launder money of an aggregate value greater than $100,000.”
Delay, Thomas Dale, 443 S.W.3d 909 (Tex. Crim. App. 2014).
“Tex. Penal Code § 34.02(a)(2), (e). The offense is alleged to have occurred in 2002,.”
Thomas Dale DeLay v. State, 410 S.W.3d 902 (Tex. App.—Austin 2013).
“See Tex. Penal Code § 34.02(a) (elements of money laundering).”
Ex Parte Ellis, 309 S.W.3d 71 (Tex. Crim. App. 2010).
“Tex. Penal Code § 34.02(a)(2). 47 . Id., § 34.”
Walter Demond v. State, 452 S.W.3d 435 (Tex. App.—Austin 2014).
“See Tex. Penal Code § 34.02(a)(2). This analysis is consistent with federal cases dealing with similar federal statutes.”
Tex. Penal Code § 34.02(a)(3)(4): 1 case
Tex. Penal Code § 34.02(a)(4): 4 cases
Cary v. State, 507 S.W.3d 761 (Tex. Crim. App. 2016).
“Tex. Penal Code § 34.02(a)(4), (f). The only predicate offense charged was bribery.”
Tex. Penal Code § 34.02(a)(l): 1 case
Walter Demond v. State, 452 S.W.3d 435 (Tex. App.—Austin 2014).
“See Tex. Penal Code § 34.02(a)(2). This analysis is consistent with federal cases dealing with similar federal statutes.”
Tex. Penal Code § 34.02(c): 2 cases
Tex. Penal Code § 34.02(e): 1 case
Tex. Penal Code § 34.02(e)(1): 1 case
Tex. Penal Code § 34.02(e)(2): 1 case
Tex. Penal Code § 34.02(e)(3): 1 case
Tex. Penal Code § 34.02(e)(4): 4 cases
O'Brien v. State, 544 S.W.3d 376 (Tex. Crim. App. 2018).
“Tex. Penal Code § 34.02(a)(1) ; see also Deschenes v.”
Tex. Penal Code § 34.02(h): 2 cases
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