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Arkansas Code Title 5. Criminal Offenses § 5-42-203. Definitions

Current as of March 28, 2024 | Updated by Findlaw Staff

As used in this subchapter:

(1) “Conducts” means initiating or concluding, or participating in initiating or concluding, a transaction;

(2) “Contraband” means any funds or property or monetary instrument that is criminal proceeds or that was otherwise used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any related record and any other article possessed under circumstances prohibited by law;

(3) “Crime of pecuniary gain” means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value;

(4) “Crime of violence” means any violation of Arkansas law in which a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape;

(5) “Criminal proceeds” means:

(A) Anything of value furnished or intended to be furnished in exchange for criminal conduct or contraband received in violation of state or federal law; and

(B) Property or profits traceable to an exchange described in this subdivision (5);

(6) “Monetary instrument” means any:

(A) Coin or currency of the United States or of any other country; and

(B) Traveler's check, personal check, bank check, money order, investment security in bearer form or otherwise in such form that title to the investment security passes upon delivery, and negotiable instrument in bearer form or otherwise in such form that title to the negotiable instrument passes upon delivery;

(7) “Predicate criminal offense” means any violation of Arkansas law that is a crime of violence or crime of pecuniary gain; and

(8)(A) “Transaction” means any acquisition or disposition of property by any means, including a purchase, sale, trade, investment, payment, loan, pledge, gift, transfer, delivery, deposit, withdrawal, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any 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.

(B) Subdivision (8)(A) of this section is not an exclusive list.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-42-203. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-42-203/

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