1. (1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:

   1. (a) Constitutes, or is derived from, the proceeds of unlawful activity;
   2. (b) Is of a value greater than $10,000; and
   3. (c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.

2. (2)

   1. (a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.
   2. (b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property involved in the unlawful transaction.

3. (3) As used in this section:

   1. (a) “Financial transaction” has the meaning given that term in ORS 164.170. “Financial transaction” does not include any transaction necessary to preserve a person’s right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.
   2. (b) “Unlawful activity” has the meaning given that term in ORS 164.170.

Note: See note under 164.170.

[1999 c.878 §2]