Terrorism Crimes

Terrorism Crimes
18 U.S.C. §§ 2331 et seq.

Since September 11, 2001, the federal government has aggressively pursued individuals who are suspected of terrorism. To date, however, very few people have actually gone to trial to face terrorism charges. Most individuals accused of terrorism have either been sent to Guantanamo Bay, or have been detained elsewhere, allegedly at secret CIA-run facilities known as "Black Sites," or in other countries' prisons where they await extradition to the United States. There are indications that criminal prosecutions for alleged terrorist acts will increase in the coming years, however.

In general, there are three main categories of terrorist acts which will be prosecuted by the United States: committing acts of terrorism, harboring terrorists, and providing material support to terrorists and terrorist organizations.

Committing Acts of Terrorism
To convict an individual for committing acts of terrorism, the government must prove beyond a reasonable doubt that

the defendant unlawfully used, or threatened, attempted or conspired to use certain weapons
the weapon was
- a weapon of mass destruction (which includes grenades, rockets, mines, and sawed-off shotguns),
- a dangerous weapon, or
- a destructive device
the use of the weapon
- was directed against
  - a national of the United States while the national was outside of the United States,
  - any person or property within the United States
  - any property that is owned, leased, or used by the United States, or
  - any property within the United States that is owned, leased, or used by a foreign government; or
- transcends national boundaries; and
the use of the weapon was designed to cause death, serious destruction, or fear.

The punishment for committing an act of terror is a fine, the potential for the death penalty, or both.

Harboring Terrorists
To convict an individual for harboring terrorists, the government must prove beyond a reasonable doubt that

the defendant must be harboring or concealing an individual;
that individual must have committed, is about to commit, certain violent acts;
the defendant must know, or have grounds to believe, that the individual has committed, or is about to commit, those certain violent acts.

The punishment for harboring terrorists is a fine, imprisonment for up to 10 years, or both.

Providing Material Support to Terrorists
In general, to convict an individual for providing material support to terrorists, the government must prove beyond a reasonable doubt that

the defendant
- knowingly provided material support or resources
  - to a designated foreign terrorist organization, or
  - for the preparation of certain violent acts; or
the defendant
- directly or indirectly, unlawfully and willfully provides or collects funds, and
- the defendant intends or knows that such funds will be used to carry out
  - certain treaty-specified violent acts, or
  - any other act intended to cause death or destruction, which is designed to intimidate a population or compel a government to perform some act.
The punishment for providing material support to terrorists is a fine, imprisonment for up to 20 years (or up to life if death occurs), or both.

To learn about U.S. federal criminal law within the domestic arena go to our Federal Crimes and Federal Crimes Blog sites.

To learn about international extradition go to our International Extradition and International Extradition Blog sites.

To learn about international criminal law go to our International Crimes and International Crimes Blog sites.

When the FBI Comes Calling…^®