21-36a16. Unlawful acts involving proceeds derived from violations of 21-36a01 through 21-36a17.
21-36a16
21-36a16. Unlawful acts involving proceeds derivedfrom violations of 21-36a01 through 21-36a17.(a) It shall be unlawful for any person to receive oracquireproceeds orengage in transactions involving proceeds, known to be derived froma violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or any substantially similar offense from anotherjurisdiction. The provisions ofthis subsection do not apply to any transactionbetween an individualand that individual's counsel necessary to preserve that individual's right torepresentation, as guaranteed by section 10 of the bill of rights of theconstitution of the state of Kansas and by thesixth amendment to the United States constitution. This exception does notcreate anypresumption against or prohibition of the right of the state to seek and obtainforfeiture of anyproceeds derived from a violation of K.S.A. 2009 Supp. 21-36a01 through21-36a17, and amendments thereto.
(b) It shall be unlawful for any person to distribute,invest, conceal,transport or maintain an interest in or otherwise make available anything ofvalue which thatperson knows is intended to be used for the purpose of committing or furtheringthe commissionof any crime in K.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or any substantially similar offense from anotherjurisdiction.
(c) It shall be unlawful for any person to direct, plan, organize, initiate,finance, manage,supervise or facilitate the transportation or transfer of proceeds known to bederived fromcommission of any crime in K.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, or any substantially similar offense fromanother jurisdiction.
(d) It shall be unlawful for any person to conduct a financial transactioninvolvingproceeds derived from commission of any crime in K.S.A. 2009 Supp. 21-36a01through 21-36a17, andamendments thereto, or any substantially similar offense from anotherjurisdiction, when the transactionis designed inwhole or in part to conceal or disguise the nature, location, source, ownershipor control of theproceeds known to be derived from commission of any crime in K.S.A. 2009 Supp.21-36a01 through 21-36a17, and amendments thereto, or anysubstantially similar offense from another jurisdiction, or toavoid a transactionreporting requirement under state or federal law.
(e) (1) Violation of this section is a drug severity level 4 felonyifthe value of theproceeds is less than $5,000;
(2) violation of this section is a drug severity level 3 felony if thevalue of theproceeds is at least $5,000 but less than $100,000;
(3) violation of this section shall be a drug severity level 2 felony if thevalue of theproceeds is at least $100,000 but less than $500,000;
(4) violation of this section shall be a drug severity level 1 felony if thevalue of theproceeds is $500,000 or more.
History: L. 2009, ch. 32, § 16;L. 2009, ch. 143, § 35; July 1.