18 U.S.C. § 2339A

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2339A - Providing material support to terrorists

(a) OFFENSE.-Whoever provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 81, 175, 229, 351, 831, 842(m) or (n), 844(f) or (i), 930(c), 956, 1091, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, 2340A, or 2442 of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), section 46502 or 60123(b) of title 49, or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and 2339B) or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. 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) DEFINITIONS.-As used in this section-

(1) the term "material support or resources" means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;

(2) the term "training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and

(3) the term "expert advice or assistance" means advice or assistance derived from scientific, technical or other specialized knowledge.

18 U.S.C. § 2339A

Added Pub. L. 103-322, title XII, §120005(a), Sept. 13, 1994, 108 Stat. 2022; amended Pub. L. 104-132, title III, §323, Apr. 24, 1996, 110 Stat. 1255; Pub. L. 104-294, title VI, §§601(b)(2), (s) (2), (3), 604(b)(5), Oct. 11, 1996, 110 Stat. 3498, 3502, 3506; Pub. L. 107-56, title VIII, §§805(a), Oct. 26, 2001, 810, Oct. 26, 2001, 115 Stat. 377, 380, 381; Pub. L. 107-197, title III, §301(c), June 25, 2002, 116 Stat. 728; Pub. L. 107-273, div. B, title IV, §4002(a)(7), (c) (1), (e)(11), Nov. 2, 2002, 116 Stat. 1807, 1808, 1811; Pub. L. 108-458, title VI, §6603(a)(2), (b), Dec. 17, 2004, 118 Stat. 3762; Pub. L. 109-177, title I, §110(b)(3)(B), Mar. 9, 2006, 120 Stat. 208; Pub. L. 111-122, §3(d), Dec. 22, 2009, 123 Stat. 3481.

EDITORIAL NOTES

AMENDMENTS2009-Subsec. (a). Pub. L. 111-122 inserted ", 1091" after "956" and substituted ", 2340A, or 2442" for ", or 2340A".2006-Subsec. (a). Pub. L. 109-177 struck out "1993," after "1992,". 2004-Subsec. (a). Pub. L. 108-458, §6603(a)(2)(B), which directed amendment of this section by inserting "or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and 2339B)" after "section 60123(b) of title 49,", was executed by making the insertion in subsec. (a) after "section 46502 or 60123(b) of title 49," to reflect the probable intent of Congress. Pub. L. 108-458, §6603(a)(2)(A), struck out "or" before "section 46502".Subsec. (b). Pub. L. 108-458, §6603(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "In this section, the term 'material support or resources' means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials." 2002-Subsec. (a). Pub. L. 107-273, §4002(a)(7), (e) (11), struck out "2332c," after "2332b," and substituted "of an escape" for "or an escape". Pub. L. 107-197 inserted "2332f," before "or 2340A".Subsec. (b). Pub. L. 107-273, §4002(c)(1), repealed amendment by Pub. L. 104-294, §601(b)(2). See 1996 Amendment note below.2001-Subsec. (a). Pub. L. 107-56, §811(f), inserted "or attempts or conspires to do such an act," before "shall be fined". Pub. L. 107-56, §810(c)(1), substituted "15 years" for "10 years". Pub. L. 107-56, §810(c)(2), which directed substitution of ", and, if the death of any person results, shall be imprisoned for any term of years or for life." for period, was executed by making the substitution for the period at end of the first sentence to reflect the probable intent of Congress and the intervening amendment by section 805(a)(1)(F) of Pub. L. 107-56. See below. Pub. L. 107-56, §805(a)(1)(F), inserted at end "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." Pub. L. 107-56, §§805(a)(1)(A)-(E), struck out ", within the United States," after "Whoever", and inserted "229," after "175,", "1993," after "1992,", ", section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284)," after "2340A of this title", and "or 60123(b)" after "section 46502". Subsec. (b). Pub. L. 107-56, §805(a)(2), substituted "or monetary instruments or financial securities" for "or other financial securities" and inserted "expert advice or assistance," after "training,". 1996- Pub. L. 104-294, §604(b)(5), amended directory language of Pub. L. 103-322, §120005(a), which enacted this section. Pub. L. 104-132 amended section generally, reenacting section catchline without change and redesignating provisions which detailed what constitutes offense, formerly contained in subsec. (b), as subsec. (a), inserting references to sections 37, 81, 175, 831, 842, 956, 1362, 1366, 2155, 2156, 2332, 2332a, 2332b, and 2340A of this title, striking out references to sections 36, 2331, and 2339 of this title, redesignating provisions which define "material support or resource", formerly contained in subsec. (a), as subsec. (b), substituting provisions excepting medicine or religious materials from definition for provisions excepting humanitarian assistance to persons not directly involved in violations, and struck out subsec. (c) which authorized investigations into possible violations, except activities involving First Amendment rights.Subsec. (a). Pub. L. 104-294, §601(s)(2), (3), inserted "930(c)," before "956,", "1992," before "2155,", "2332c," before "or 2340A of this title", and "or an escape" after "concealment". Subsec. (b). Pub. L. 104-294, §601(b)(2), which directed substitution of "2332" for "2331", "2332a" for "2339", "37" for "36", and "or an escape" for "of an escape" and which could not be executed after the general amendment by Pub. L. 104-132 was repealed by Pub. L. 107-273, §4002(c)(1). See above.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-273, div. B, title IV, §4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996.

EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 604(b)(5) of Pub. L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294 set out as a note under section 13 of this title.

person

the term "person" means any individual or entity capable of holding a legal or beneficial interest in property;