Section 30-51-4 - Prohibited activity; criminal penalties; civil penalties. - New Mexico Statutes

30-51-4. Prohibited activity; criminal penalties; civil penalties.

A.     It is unlawful for a person who knows that the property involved in a financial transaction is, or was represented to be, the proceeds of a specified unlawful activity to:   

(1)     conduct, structure, engage in or participate in a financial transaction that involves the property, knowing that the financial transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the property or to avoid a transaction reporting requirement under state or federal law;   

(2)     conduct, structure, engage in or participate in a financial transaction that involves the property for the purpose of committing or furthering the commission of any other specified unlawful activity;   

(3)     transport the property with the intent to further a specified unlawful activity, knowing that the transport is designed, in whole or in part, to conceal or disguise the nature, location, source, ownership or control of the monetary instrument or to avoid a transaction reporting requirement under state or federal law; or   

(4)     make the property available to another person by means of a financial transaction or by transporting the property, when he knows that the property is intended for use by the other person to commit or further the commission of a specified unlawful activity.   

B.     A person who violates any provision of Subsection A of this section is guilty of a:   

(1)     second degree felony if the illegal financial transaction involves more than one hundred thousand dollars ($100,000);   

(2)     third degree felony if the illegal financial transaction involves over fifty thousand dollars ($50,000) but not more than one hundred thousand dollars ($100,000);   

(3)     fourth degree felony if the illegal financial transaction involves over ten thousand dollars ($10,000) but not more than fifty thousand dollars ($50,000); or   

(4)     misdemeanor if the illegal financial transaction involves ten thousand dollars ($10,000) or less.   

C.     In addition to any criminal penalty, a person who violates any provision of Subsection A of this section is subject to a civil penalty of three times the value of the property involved in the transaction.   

D.     Nothing contained in the Money Laundering Act [30-51-1 NMSA 1978] precludes civil or criminal remedies provided by the Racketeering Act [30-42-1 NMSA 1978] or the Controlled Substances Act [30-31-1 NMSA 1978] or by any other New Mexico law. Those remedies are in addition to and not in lieu of remedies provided in the Money Laundering Act.