76-10-1902 - Definitions.
76-10-1902. Definitions.
As used in this part:
(1) "Bank" means each agent, agency, or office in this state of any person doing businessin any one of the following capacities:
(a) a commercial bank or trust company organized under the laws of this state or of theUnited States;
(b) a private bank;
(c) a savings and loan association or a building and loan association organized under thelaws of this state or of the United States;
(d) an insured institution as defined in Section 401 of the National Housing Act;
(e) a savings bank, industrial bank, or other thrift institution;
(f) a credit union organized under the laws of this state or of the United States; or
(g) any other organization chartered under Title 7, Financial Institutions, and subject tothe supervisory authority set forth in that title.
(2) "Conducts" includes initiating, concluding, or participating in initiating or concludinga transaction.
(3) (a) "Currency" means the coin and paper money of the United States or of any othercountry that is designated as legal tender, that circulates, and is customarily used and accepted asa medium of exchange in the country of issuance.
(b) "Currency" includes United States silver certificates, United States notes, FederalReserve notes, and foreign bank notes customarily used and accepted as a medium of exchange ina foreign country.
(4) "Financial institution" means any agent, agency, branch, or office within this state ofany person doing business, whether or not on a regular basis or as an organized business concern,in one or more of the following capacities:
(a) a bank, except bank credit card systems;
(b) a broker or dealer in securities;
(c) a currency dealer or exchanger, including a person engaged in the business of checkcashing;
(d) an issuer, seller, or redeemer of travelers checks or money orders, except as a sellingagent exclusively who does not sell more than $150,000 of the instruments within any 30-dayperiod;
(e) a licensed transmitter of funds or other person engaged in the business of transmittingfunds;
(f) a telegraph company;
(g) a person subject to supervision by any state or federal supervisory authority; or
(h) the United States Postal Service regarding the sale of money orders.
(5) "Financial transaction" means a transaction:
(a) involving the movement of funds by wire or other means or involving one or moremonetary instruments, which in any way or degree affects commerce; or
(b) involving the use of a financial institution that is engaged in, or its activities affectcommerce in any way or degree.
(6) The phrase "knows that the property involved represents the proceeds of some formof unlawful activity" means that the person knows or it was represented to the person that theproperty involved represents proceeds from a form of activity, although the person does not
necessarily know which form of activity, that constitutes a crime under state or federal law,regardless of whether or not the activity is specified in Subsection (12).
(7) "Monetary instruments" means coins or currency of the United States or of any othercountry, travelers checks, personal checks, bank checks, money orders, and investment securitiesor negotiable instruments in bearer form or in other form so that title passes upon delivery.
(8) "Person" means an individual, corporation, partnership, trust or estate, joint stockcompany, association, syndicate, joint venture, or other unincorporated organization or group, andall other entities cognizable as legal personalities.
(9) "Proceeds" means property acquired or derived directly or indirectly from, producedthrough, realized through, or caused by an act or omission and includes any property of any kind.
(10) "Property" means anything of value, and includes any interest in property, includingany benefit, privilege, land, or right with respect to anything of value, whether real or personal,tangible or intangible.
(11) "Prosecuting agency" means the office of the attorney general or the office of thecounty attorney, including any attorney on the staff whether acting in a civil or criminal capacity.
(12) "Specified unlawful activity" means any unlawful activity defined as an unlawfulactivity in Section 76-10-1602, except an illegal act under Title 18, Section 1961(1)(B), (C), and(D), United States Code, and includes activity committed outside this state which, if committedwithin this state, would be unlawful activity.
(13) "Transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery, or otherdisposition. With respect to a financial institution, "transaction" includes a deposit, withdrawal,transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale ofany stock, bond, certificate of deposit, or other monetary instrument, or any other payment,transfer, or delivery by, through, or to a financial institution, by whatever means effected.
(14) "Transaction in currency" means a transaction involving the physical transfer ofcurrency from one person to another. A transaction that is a transfer of funds by means of bankcheck, bank draft, wire transfer, or other written order that does not include the physical transferof currency is not a transaction in currency under this chapter.
Amended by Chapter 1, 2000 General Session