Under 18 U.S. Code § 2331(5), domestic terrorism includes violent or dangerous acts that break U.S. or state laws and mainly happen within the United States. These acts aim to intimidate or coerce civilians, influence government policies through threats or force, or impact government actions via mass destruction, assassination, or kidnapping. 

Domestic terrorism is activities that involve violent acts that violate criminal laws and occur primarily within the United States.

The activity must include acts that are dangerous to human life, such as those that could cause mass destruction. These acts must violate U.S. federal, state, or local criminal laws.

They should be aimed at intimidating or coercing a civilian population, influencing government policy through intimidation or coercion, or impacting government operations via mass destruction, assassination, or kidnapping. 

Examples of activities that may qualify as domestic terrorism include attacks on infrastructure, violence directed at particular victims, and planning or actions aligned with domestic ideological objectives.

This definition is essential to legal procedures and law enforcement efforts, enabling proper charging and investigation of terrorist acts within the U.S.  The term 'domestic terrorism' is used for legal and investigative reasons, including sentencing guidelines, applying terrorism enhancements in federal law enforcement policies like the FBI, and as a component of other criminal statutes. It does not alone establish a separate federal crime of domestic terrorism. 

Key Takeaways

• Following the September 11, 2001, attacks, the United States enacted the Patriot Act. This legislation amended federal law, 18 U.S. Code 2331, to define and specify what constitutes domestic terrorism.
• Given the global threat of terrorism, the U.S. government takes a stringent stance on the issue. The legal definitions of terrorism are clear, and if your actions meet them, you could face the most severe federal charges and significant legal consequences.
• Domestic terrorism refers to activities that violate U.S. federal or state laws and pose a danger to human life.
• The term 'domestic' in 'domestic terrorism' signifies that these violations primarily occur within U.S. jurisdiction.
• The key distinction between domestic and international terrorism, as outlined by 18 U.S.C. 2331(1), is the location of the offense. 
• Being accused of terrorism puts your future and liberty at risk. Not all defense attorneys have experience handling such serious charges. Terrorism cases often result in some of the harshest penalties in U.S. law.

What Does Section 2231(5) State?

18 U.S.C. 2331(5) says, "The term 'domestic terrorism' means activities that - 

(a) involve acts dangerous to life in violation of the criminal laws of the United States or 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." 

What Defines Terrorism?

If the goal is to intimidate the population, the most serious activities may be considered terrorism. Common actions that are carried out or attempted with potential terrorist implications include the use or threatening use of:

• Tampering with or destroying aircraft, including causing harm to the flight crew
• Assassination, particularly targeting a government official
• Attacking a federal facility
• Attacking a public transit system or a transit center
• Bombing, arson, chemical attacks, or explosives
• Hostage-taking, torture, kidnapping, especially of a government official
• Mass murder, such as shootings in public spaces or schools
• Nuclear or biological weapons
• Weapons of mass destruction

Additionally, a person can be charged with domestic terrorism through indirect involvement, such as harboring a terrorist, funding terrorist activities, or supporting terrorist organizations. Someone who has aided and abetted terrorists can be prosecuted as if they had committed the act of terrorism themselves. 

Under the criminal conspiracy statute 18 U.S.C. 2332b (a)(2), federal prosecutors can charge individuals with domestic terrorism even if the actual crime was never carried out, provided there was an attempt or conspiracy. If the act of terrorism occurs, a defendant can also still face conspiracy charges if there was a pre-existing agreement.

What Are the Related Terrorism Laws?

Terrorism crimes and their penalties are outlined in 18 U.S. Code Chapter 113B, which includes the following:

• 18 U.S.C. 2331 - definitions;
• 18 U.S.C. 2332 - criminal penalties;
• 18 U.S.C. 2332a - using weapons of mass destruction;
• 18 U.S.C. 2332b - terrorism transcending national boundaries;
• 18 U.S.C. 2332d - financial transactions;
• 18 U.S.C. 2332e - requests for military assistance to enforce prohibition in certain emergencies;
• 18 U.S.C. 2332f - bombings of places of public use, government facilities, public transportation systems, and infrastructure facilities;
• 18 U.S.C. 2332g - missile systems to destroy aircraft;
• 18 U.S.C. 2332h - radiological dispersal devices;
• 18 U.S.C. 2332i - acts of nuclear terrorism;
• 18 U.S.C. 2333 - civil remedies;
• 18 U.S.C. 2334 - jurisdiction and venue;
• 18 U.S.C. 2335 - limitation of actions;
• 18 U.S.C. 2336 - other limitations;
• 18 U.S.C. 2337 - suits against government officials;
• 18 U.S.C. 2338 - exclusive federal jurisdiction;
• 18 U.S.C. 2339 - harboring or concealing terrorists;
• 18 U.S.C. 2339A - providing material support to terrorists;
• 18 U.S.C. 2339B - providing material support or resources to designated foreign terrorist organizations;
• 18 U.S.C. 2339C - prohibitions against the financing of terrorism;;
• 18 U.S.C. 2339D - receiving military-type training from a foreign terrorist organization.

What Are the Penalties for Terrorism?

Since terrorism inherently causes harm and concerns among the public, punishments for domestic terrorism convictions tend to be quite harsh. The federal government treats acts and threats of terrorism with greater severity than almost any other crime, and prosecutors often advocate for the maximum penalties available.

The severity of the potential punishment mainly depends on whether a person was killed during the offense. If a death occurred during the act of terrorism, the accused could receive life imprisonment or even the death penalty. If no one was killed, the penalties vary more widely.

For example, making, possessing, or threatening (with) a weapon of mass destruction can result in a prison sentence of 9 years, while actually using such a weapon is punishable by 12 years. Depending on the charge, fines can also reach $250,000 or higher.

What Are the Defenses Against Domestic Terrorism?

Individuals accused of terrorism often face two significant challenges: legal battles in court and public perception issues. This can be an uphill struggle, especially for those who are innocent or wrongly accused.

Defendants must seek the guidance of experienced federal criminal defense attorneys to develop a defense strategy tailored to the specifics of their case.

To obtain a conviction, federal prosecutors must demonstrate the defendant's guilt beyond a reasonable doubt. Since terrorist activities often occur in secrecy, this can be challenging. Various defenses are available in domestic terrorism cases, some of which are outlined below.

It could be argued that the defendant's identity is mistaken, especially in cases involving cultural bias. Alternatively, one might claim that someone with ulterior motives has falsely accused the defendant.

Additionally, the defendant might not have been aware of any planned terrorism, particularly in cases where they are charged with aiding and abetting. We might consider arguing that government agents conducted an improper search and seizure, which could result in charges being dismissed.

As always, the specific details of the case will guide attorneys in choosing the most effective defense for a favorable outcome. For more information, contact our federal criminal defense law firm, Eisner Gorin LLP, in Los Angeles, CA.

Related Content:

• Federal Felonies
• Felon with Firearm
• Federal Treason Law
• Harboring Illegal Aliens
• Conceal Person Arrest
• 18 U.S. Code § 2331
• 18 U.S.C. Chapter 113B 
• Federal Aiding and Abetting