The state accuses the defendant of having committed the offense of money laundering.

Relevant Statutes

A person commits the offense of money laundering if the person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity.

Definitions

Criminal Activity

“Criminal activity” means any offense [, including any preparatory offense,] that is—

1. classified as a felony under the laws of this state or the United States; or
2. punishable by confinement for more than one year under the laws of another state.

[Insert definition and elements of felony offense from which funds are alleged to be the proceeds, such as theft.]

Theft

Theft of property in the amount of $2,500 or more is a felony under the laws of this state. A person commits theft if—

1. the person appropriates property;
2. this appropriation was unlawful, in that it was without the property owner’s effective consent; and
3. the person did this with intent to deprive the owner of the property.

Funds

[Include relevant parts of definition as raised by the evidence.]

“Funds” includes—

1. coin or paper money of the United States or any other country that is designated as legal tender and that circulates and is customarily used and accepted as a medium of exchange in the country of issue;
2. United States silver certificates, United States Treasury notes, and Federal Reserve System notes;
3. an official foreign bank note that is customarily used and accepted as a medium of exchange in a foreign country and a foreign bank draft; and
4. currency or its equivalent, including an electronic fund, a personal check, a bank check, a traveler’s check, a money order, a bearer negotiable instrument, a bearer investment security, a bearer security, a certificate of stock in a form that allows title to pass on delivery, [or] a digital currency [, or a stored value card as defined by Texas Business and Commerce Code section 604.001].

Proceeds

“Proceeds” means funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of an act [or conduct that constitutes an offense under Texas Tax Code section 151.7032].

Knowingly Acquiring or Maintaining an Interest in, Concealing, Possessing, Transferring, or Transporting Funds

“Knowingly acquiring or maintaining an interest in, concealing, possessing, transferring, or transporting funds” means the person is aware he is acquiring or maintaining an interest in, concealing, possessing, transferring, or transporting funds.

Knew Funds Were the Proceeds of Criminal Activity

“Knew funds were the proceeds of criminal activity” means the person was aware that the funds were acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of what the person was aware was criminal activity.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], knowingly acquired funds;
2. the funds were the proceeds of criminal activity, in particular [insert specific allegations, e.g., theft of property in the amount of $2,500 or more];
3. the defendant knew the funds were the proceeds of criminal activity; and
4. the value of the funds was [amount, e.g., $300,000] or more.

You must all agree on elements 1, 2, 3, and 4 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, and 4 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, all four of the elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]