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Summary of 18 U.S.C. §2339A and §2339B: Terrorist Material Support

Core Content

The material support statutes, 18 U.S.C. §§2339A and 2339B, are key federal anti-terrorism laws. These statutes prohibit the provision or concealment of material support to terrorists or terrorist organizations, with varying degrees of severity and scope.

Main Points

18 U.S.C. §2339A: Support of Terrorism

• Scope: Prohibits providing or concealing material support for the commission of, preparation for, or concealment of an escape from, a federal crime of terrorism.
• Elements:
  • The defendant must knowingly provide or conceal support.
  • The support must be intended or known to be used for a predicate offense.
• Material Support Definition: Includes any property, tangible or intangible, or service. Examples include:
  • Currency or financial instruments
  • Training
  • Expert advice or assistance
  • Safehouses
  • False documentation
  • Communications equipment
  • Weapons and explosives
  • Personnel
  • Transportation
• Consequences:
  • Maximum imprisonment of 15 years (or life if death results).
  • Fines up to $250,000 (or $500,000 for an organization).
  • No civil cause of action for victims, but treble damages and attorneys' fees may be available under 18 U.S.C. §2333.
• Jurisdiction:
  • No explicit extraterritorial provisions.
  • Likely applicable abroad if predicate offenses have extraterritorial reach.
• Conspiracy and Attempt:
  • Both are prohibited and subject to the same penalties as the substantive offense.
  • A substantial step is required to prove an attempt.
  • Conspiracy is complete upon agreement and each conspirator is liable for foreseeable offenses.
• Constitutional Challenges:
  • Survived challenges to vagueness due to the requirement of knowing or intending use for a predicate offense.

18 U.S.C. §2339B: Support of Designated Terrorist Organizations

• Scope: Prohibits providing material support to a foreign terrorist organization (FTO) that is:
  • Designated as an FTO, or
  • Engages in terrorism or terrorist activity.
• Elements:
  • The defendant must knowingly provide support.
  • The organization must be a foreign terrorist organization.
• Material Support Definition: Same as in §2339A, but with a more explicit definition of "personnel" as those who direct or work under the direction of the FTO.
• Consequences:
  • Maximum imprisonment of 20 years (or life if death results).
  • Fines up to $250,000 (or $500,000 for an organization).
  • Treble damages and attorneys' fees available under §2333.
• Jurisdiction:
  • General extraterritorial jurisdiction applies.
  • Descriptive extraterritorial jurisdiction applies if the offender is a U.S. national.
• Conspiracy and Attempt:
  • Both are prohibited and subject to the same penalties as the substantive offense.
  • Similar to §2339A, conspiratorial statements are not protected under the First Amendment.
• Constitutional Challenges:
  • The Supreme Court upheld §2339B in Humanitarian Law Project (2010), rejecting claims of unconstitutionality.

Key Information

Definitions and Interpretations

• "Whoever" includes individuals and legal entities.
• "Knowingly" requires the defendant to know the facts that make their conduct illegal, though not necessarily that it is unlawful.
• "Provides" is interpreted as supplying something for sustenance or support.
• "Material support or resources" encompasses a broad range of services and tangible/intangible property.

Predicate Offenses

• §2339A includes all federal crimes of terrorism (e.g., bombing federal buildings, murder of federal officials).
• §2339B includes foreign terrorist organizations that engage in or have engaged in terrorism.

Legal Consequences

• Penalties for both statutes are severe, with imprisonment up to 15 or 20 years.
• Conspiracy and aiding and abetting are also prohibited and carry the same penalties as the completed offense.
• Venue is determined by the location of the predicate offense or acts in furtherance of the conspiracy.
• Extraterritorial application is possible for both statutes, particularly for §2339A when predicate offenses apply abroad.

Civil Actions

• Neither statute provides a civil cause of action for victims.
• Treble damages and attorneys' fees may be available under §2333.

Constitutional Considerations

• §2339B was upheld in Humanitarian Law Project against vagueness and First Amendment challenges.
• §2339A was interpreted to require intent or knowledge of use for a predicate offense, avoiding overbreadth concerns.

Conclusion

Both statutes serve as crucial tools in the U.S. government's anti-terrorism arsenal, with §2339A targeting support for specific terrorist offenses, and §2339B targeting support for designated terrorist organizations. The intent requirement helps limit constitutional challenges, while extraterritorial reach allows the U.S. to prosecute foreign-related activities. These laws reflect Congress's intent to prevent and punish any form of material assistance to terrorism, whether through direct provision or concealment.