DEFINITION OF DOMESTIC TERRORISM. Patriot Act/ NYS

H.R.3162
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Received in the Senate)

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http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf
PDF of Patriot Act

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

1) the term "international terrorism" means activities that -
(A) involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or of
any State, or that would be a criminal violation if committed
within the jurisdiction of the United States or of any State;
(B) appear to be intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
(C) occur primarily outside the territorial jurisdiction of
the United States, or transcend national boundaries in terms of
the means by which they are accomplished, the persons they
appear intended to intimidate or coerce, or the locale in which
their perpetrators operate or seek asylum;
(2) the term "national of the United States" has the meaning
given such term in section 101(a)(22) of the Immigration and
Nationality Act;
(3) the term "person" means any individual or entity capable of
holding a legal or beneficial interest in property;
(4) the term "act of war" means any act occurring in the course
of -
(A) declared war;
(B) armed conflict, whether or not war has been declared,
between two or more nations; or
(C) armed conflict between military forces of any origin; and
(5) the term "domestic terrorism" means activities that -
(A) involve acts dangerous to human life that are a violation
of the criminal laws of the United States or of any State;
(B) appear to be intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of
the United States.


(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United States Code, is amended to read as follows:

`(1) `act of terrorism' means an act of domestic or international terrorism as defined in section 2331;'. this makes the above deff 2331 domestic as well, not just for international terrorism

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by adding after section 2338 the following new section:

`Sec. 2339. Harboring or concealing terrorists

`(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.'.

`(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.'.

(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item for section 2338 the following:

`2339. Harboring or concealing terrorists.'.

SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.

Section 7 of title 18, United States Code, is amended by adding at the end the following:

`(9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act--

`(A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and

`(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.

Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.'.

SEC. 805. MATERIAL SUPPORT FOR TERRORISM.

(a) IN GENERAL- Section 2339A of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `, within the United States,';

(B) by inserting `229,' after `175,';

(C) by inserting `1993,' after `1992,';

(D) by inserting `, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),' after `of this title';

(E) by inserting `or 60123(b)' after `46502'; and

(F) by inserting at the end the following: `A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.'; and

(2) in subsection (b)--

(A) by striking `or other financial securities' and inserting `or monetary instruments or financial securities'; and

(B) by inserting `expert advice or assistance,' after `training,'.

(b) TECHNICAL AMENDMENT- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting `or 2339B' after `2339A'.

SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

Section 981(a)(1) of title 18, United States Code, is amended by inserting at the end the following:

`(G) All assets, foreign or domestic--

`(i) of any individual, entity, or organization engaged in planning or perpetrating any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization;

`(ii) acquired or maintained by any person with the intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property; or

`(iii) derived from, involved in, or used or intended to be used to commit any act of domestic or international terrorism (as defined in section 2331) against the United States, citizens or residents of the United States, or their property.'.

SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO TERRORISM.

No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106-387) shall be construed to limit or otherwise affect section 2339A or 2339B of title 18, United States Code.

SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.

Section 2332b of title 18, United States Code, is amended--

(1) in subsection (f), by inserting `and any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of this title,' before `and the Secretary'; and

(2) in subsection (g)(5)(B), by striking clauses (i) through (iii) and inserting the following:

`(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 or 175b (relating to biological weapons), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 831 (relating to nuclear materials), 842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 844(i) (relating to arson and bombing of property used in interstate commerce), 930(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons abroad), 1030(a)(1) (relating to protection of computers), 1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v) (relating to protection of computers), 1114 (relating to killing or attempted killing of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366(a) (relating to destruction of an energy facility), 1751(a), (b), (c), or (d) (relating to Presidential and Presidential staff assassination and kidnaping), 1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems), 2155 (relating to destruction of national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339 (relating to harboring terrorists), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture) of this title;

`(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or

`(iii) section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.'.

SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.

(a) IN GENERAL- Section 3286 of title 18, United States Code, is amended to read as follows:

`Sec. 3286. Extension of statute of limitation for certain terrorism offenses

`(a) EIGHT-YEAR LIMITATION- Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any noncapital offense involving a violation of any provision listed in section 2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e) of this title, or section 46504, 46505, or 46506 of title 49, unless the indictment is found or the information is instituted within 8 years after the offense was committed. Notwithstanding the preceding sentence, offenses listed in section 3295 are subject to the statute of limitations set forth in that section.

`(b) NO LIMITATION- Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense listed in section 2332b(g)(5)(B), if the commission of such offense resulted in, or created a forseeable risk of, death or serious bodily injury to another person.'.

(b) APPLICATION- The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section.

SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.

(a) ARSON- Section 81 of title 18, United States Code, is amended in the second undesignated paragraph by striking `not more than twenty years' and inserting `for any term of years or for life'.

(b) DESTRUCTION OF AN ENERGY FACILITY- Section 1366 of title 18, United States Code, is amended--

(1) in subsection (a), by striking `ten' and inserting `20'; and

(2) by adding at the end the following:

`(d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.'.

(c) MATERIAL SUPPORT TO TERRORISTS- Section 2339A(a) of title 18, United States Code, is amended--

(1) by striking `10' and inserting `15'; and

(2) by striking the period and inserting `, and, if the death of any person results, shall be imprisoned for any term of years or for life.'.

(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST ORGANIZATIONS- Section 2339B(a)(1) of title 18, United States Code, is amended--

(1) by striking `10' and inserting `15'; and

(2) by striking the period after `or both' and inserting `, and, if the death of any person results, shall be imprisoned for any term of years or for life.'.

(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS- Section 2155(a) of title 18, United States Code, is amended--

(1) by striking `ten' and inserting `20'; and

(2) by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.

(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--

(1) by striking `ten' each place it appears and inserting `20';

(2) in subsection (a), by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'; and

(3) in subsection (b), by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.

(g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES- Section 46505(c) of title 49, United States Code, is amended--

(1) by striking `15' and inserting `20'; and

(2) by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.

(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID PIPELINE FACILITY- Section 60123(b) of title 49, United States Code, is amended--

(1) by striking `15' and inserting `20'; and

(2) by striking the period at the end and inserting `, and, if death results to any person, shall be imprisoned for any term of years or for life.'.

SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

(a) ARSON- Section 81 of title 18, United States Code, is amended in the first undesignated paragraph--

(1) by striking `, or attempts to set fire to or burn'; and

(2) by inserting `or attempts or conspires to do such an act,' before `shall be imprisoned'.

(b) KILLINGS IN FEDERAL FACILITIES- Section 930(c) of title 18, United States Code, is amended--

(1) by striking `or attempts to kill';

(2) by inserting `or attempts or conspires to do such an act,' before `shall be punished'; and

(3) by striking `and 1113' and inserting `1113, and 1117'.

(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS- Section 1362 of title 18, United States Code, is amended in the first undesignated paragraph--

(1) by striking `or attempts willfully or maliciously to injure or destroy'; and

(2) by inserting `or attempts or conspires to do such an act,' before `shall be fined'.

(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL JURISDICTION- Section 1363 of title 18, United States Code, is amended--

(1) by striking `or attempts to destroy or injure'; and

(2) by inserting `or attempts or conspires to do such an act,' before `shall be fined' the first place it appears.

(e) WRECKING TRAINS- Section 1992 of title 18, United States Code, is amended by adding at the end the following:

`(c) A person who conspires to commit any offense defined in this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.'.

(f) MATERIAL SUPPORT TO TERRORISTS- Section 2339A of title 18, United States Code, is amended by inserting `or attempts or conspires to do such an act,' before `shall be fined'.

(g) TORTURE- Section 2340A of title 18, United States Code, is amended by adding at the end the following:

`(c) CONSPIRACY- A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.'.

(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL- Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--

(1) in subsection (a)--

(A) by striking `, or who intentionally and willfully attempts to destroy or cause physical damage to';

(B) in paragraph (4), by striking the period at the end and inserting a comma; and

(C) by inserting `or attempts or conspires to do such an act,' before `shall be fined'; and

(2) in subsection (b)--

(A) by striking `or attempts to cause'; and

(B) by inserting `or attempts or conspires to do such an act,' before `shall be fined'.

(i) INTERFERENCE WITH FLIGHT CREW MEMBERS AND ATTENDANTS- Section 46504 of title 49, United States Code, is amended by inserting `or attempts or conspires to do such an act,' before `shall be fined'.

(j) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES- Section 46505 of title 49, United States Code, is amended by adding at the end the following:

`(e) CONSPIRACY- If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.'.

(k) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID PIPELINE FACILITY- Section 60123(b) of title 49, United States Code, is amended--

(1) by striking `, or attempting to damage or destroy,'; and


US Code - Chapter 113B: Terrorism
http://codes.lp.findlaw.com/uscode/18/I/113B
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NYS


§ 490.20 Making a terroristic threat.
1. A person is guilty of making a terroristic threat when with intent
to intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
threatens to commit or cause to be committed a specified offense and
thereby causes a reasonable expectation or fear of the imminent
commission of such offense.
2. It shall be no defense to a prosecution pursuant to this section
that the defendant did not have the intent or capability of committing
the specified offense or that the threat was not made to a person who
was a subject thereof.
Making a terroristic threat is a class D felony.


Can you say "thought crime punishment" and for heavens sake dont tell your Reps your "gonna make shure their out of office next term" that would be an act of terrorism the way this is worded. Freedom of speach seems to be not so free.