IL · jury_instructions
Ill. Pattern Jury Instr. (Criminal) 17.43
Definition Of Money Laundering
A person c
ommits the offense of money laundering when he knowingly engages or
attempts to engage in a financial transaction in criminally derived property [(of a value
exceeding $10,000 but not exceeding $100,000) (of a value exceeding $100,000)] [(with the
intent to promote the carrying on of the unlawful activity from which the criminally derived
property was obtained) (where he knows or reasonably should know that the financial transaction
is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or
control of the criminally derived property)].
Committ
ee Note
720 ILCS
5/29B -1(a) (West Supp.1993) (formerly Ill.Rev.Stat. ch. 38, §29B -1(a)
(1991)); added by P.A. 85- 675, effective January 1, 1988; amended by P.A. 86- 1459, effective
January 1, 1991; P.A. 88-258, effective August 9, 1993.
Give Ins
truction 17.44.
Give I
nstructions 17.43A, 17.43B, 17.43C, and 17.43D, defining the terms “financial
transaction”, “financial institution”, “monetary instrument”, and “criminally derived property”
respectively, as applicable.
Betwe
en January 1, 1988, and January 1, 1991, money laundering was a Class 3 felony
regardless of the value of the property alleged to be criminally derived. After January 1, 1991, if
the value exceeds $10,000 but not $100,000, the offense is a Class 2 felony; and, if it exce eds
$100,000, the offense is a Class 1 felony. Because the value now determines the penalty, when
laundering property exceeding $10,000 in value is charged, the Committee believes value is an
essential element to be decided by the jury similar to substance weight in People v. Kadlec, 21
Ill.App.3d 289, 313 N.E.2d 522 (3d Dist.1974), and People v. Hill, 169 Ill.App.3d 901, 524
N.E.2d 604, 120 Ill.Dec. 574 (1st Dist.1988). See also People v. Harden, 42 Ill.2d 301, 247
N.E.2d 404 (1969); but see, People v. Jackson, 99 Ill.2d 476, 459 N.E.2d 1362, 77 Ill.Dec. 113
(1984). When the jury must decide this element, use the first bracketed material in this
instruction and use all four propositions in Instruction 17.44.
Particu
lar care must be taken with instructions and verdict forms when disputes about
value support lesser included offenses. See an example regarding weight rather than value in the
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
be242a94f18f1d8f8ed859145f8d569f5b0e929b6f962421cd7f6a5b8293db2e
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