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Acts Involving Criminal Prosecutions

Any person who commits or threatens to commit terrorist activities will be subject to criminal prosecution.  The following terrorist activities, that violate federal or state law,  will draw criminal prosecution:

  • acts of terrorism that transcend beyond national boundaries[i]; or
  • killing, kidnapping, maiming, assaulting any person with a dangerous weapon within the U.S. resulting in serious bodily injury[ii]; or
  • creating substantial risk, attempting, conspiring to inflict serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the U.S.[iii]; or
  • engaging in financial transaction with a country known as a country supporting international terrorism[iv]; or
  • unlawful delivery, placing, discharging, or detonating an explosive or other lethal device[v]; or
  • harboring or concealing any person who has committed, or is about to commit, a terrorist offense[vi]; or
  • providing material support or resources to terrorists[vii]; foreign terrorist organization[viii], or concealing or disguising the nature, location, source, or ownership of such material support or resources; or
  • providing or collecting funds with the intention to use such funds to carry out terrorist activities[ix]; or
  • using, threatening, attempting or conspiring to use a weapon of mass destruction other than a chemical weapon without lawful authority.

 

Provided such activities[x]:

  • must be conducted within the territorial sea of the U.S.;
  • must be conducted within the special maritime and territorial jurisdiction of the U.S.;
  • against the whole or part of the structure, conveyance, or other real or personal property possessed by or leased to the federal government or any department or agency thereof;
  • against the U.S. Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the U.S[xi]; and
  • obstructs, delays, or affects interstate or foreign commerce.

 

According to 18 USCS § 2332b (c), the punishment offered for different acts of terrorism is as described below.  For terrorist activities involving an act of:

  • killing or if death occurs as a consequence of such activities, the punishment is death, or imprisonment for any term of years or for life;
  • kidnapping, the punishment is imprisonment for any term of years or for life;
  • maiming, the punishment is imprisonment for not more than 35 years;
  • assaulting with dangerous weapon or assault resulting in serious bodily injury, the punishment is imprisonment for not more than 30 years;
  • destroying or damaging any structure, conveyance, or other real or personal property, the punishment is imprisonment for not more than 25 years;
  • attempting or conspiring to commit an offense of terrorism, the punishment is for any term of years up to the maximum punishment that would have been given if the offense was completed; and
  • threatening to commit an offense of imprisonment, the punishment is imprisonment for not more than 10 years.

 

[i] 18 USCS § 2332b(a).

[ii] Id.

[iii] Id.

[iv] 18 USCS § 2332d(a).

[v] 18 USCS § 2332f(a).

[vi] 18 USCS § 2339(a).

[vii] 18 USCS § 2339A(a).

[viii] 18 USCS § 2339B(a).

[ix] 18 USCS § 2339C(a).

[x]18 USCS § 2332b(b).

[xi] 18 USCS § 2332a(a).


Inside Acts Involving Criminal Prosecutions