(1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:
(a) Constitutes, or is derived from, the proceeds of unlawful activity;
(b) Is of a value greater than $10,000; and
(c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.
(2)(a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.
(b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property involved in the unlawful transaction.
(3) As used in this section:
(a) Financial transaction has the meaning given that term in ORS 164.170. Financial transaction does not include any transaction necessary to preserve a person’s right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.
(b) Unlawful activity has the meaning given that term in ORS 164.170. [1999 c.878 §2]