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Section 11370.6 Of Article 4. Miscellaneous Offenses And Provisions From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 4.
11370.6
. (a) Every person who possesses any moneys or negotiable
instruments in excess of one hundred thousand dollars ($100,000)
which have been obtained as the result of the unlawful sale,
possession for sale, transportation, manufacture, offer for sale, or
offer to manufacture any controlled substance listed in Section
11054, 11055, 11056, 11057, or 11058, with knowledge that the moneys
or negotiable instruments have been so obtained, and any person who
possesses any moneys or negotiable instruments in excess of one
hundred thousand dollars ($100,000) which are intended by that person
for the unlawful purchase of any controlled substance listed in
Section 11054, 11055, 11056, 11057, or 11058 and who commits an act
in substantial furtherance of the unlawful purchase, shall be
punished by imprisonment in a county jail for a term not to exceed
one year, or by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for two, three, or four years.
(b) In consideration of the constitutional right to counsel afforded by the Sixth Amendment to the United States Constitution and Section 15 of Article 1 of the California Constitution, when a case charged under subdivision (a) involves an attorney who accepts a fee for representing a client in a criminal investigation or proceeding, the prosecution shall additionally be required to prove that the moneys or negotiable instruments were accepted by the attorney with the intent to participate in the unlawful conduct described in subdivision (a) or to disguise or aid in disguising the source of the funds or the nature of the criminal activity.
(c) In determining the guilt or innocence of a person charged under subdivision (a), the trier of fact may consider the following in addition to any other relevant evidence:
(1) The lack of gainful employment by the person charged.
(2) The expert opinion of a qualified controlled substances expert as to the source of the assets.
(3) The existence of documents or ledgers that indicate sales of controlled substances.
(b) In consideration of the constitutional right to counsel afforded by the Sixth Amendment to the United States Constitution and Section 15 of Article 1 of the California Constitution, when a case charged under subdivision (a) involves an attorney who accepts a fee for representing a client in a criminal investigation or proceeding, the prosecution shall additionally be required to prove that the moneys or negotiable instruments were accepted by the attorney with the intent to participate in the unlawful conduct described in subdivision (a) or to disguise or aid in disguising the source of the funds or the nature of the criminal activity.
(c) In determining the guilt or innocence of a person charged under subdivision (a), the trier of fact may consider the following in addition to any other relevant evidence:
(1) The lack of gainful employment by the person charged.
(2) The expert opinion of a qualified controlled substances expert as to the source of the assets.
(3) The existence of documents or ledgers that indicate sales of controlled substances.
