24 Oct 24
Being charged with participation in terrorism or terrorist threats is a severe crime. Terrorism is criminal both at the state and federal levels. Since terrorist attacks or the fear of them is so high, anybody charged with the offense has a lot at stake. For one, they will have difficulty dealing with the police and facing a fair court trial. Call a criminal defense attorney for help if you face terrorism accusations.
Defining the Crime of Terrorism
Terrorism refers to attacking civilian or government targets in pursuit of criminal goals. It also means using violence or threatening violence against government officials or civilians. Terrorism is a broad term referring to acts that might constitute different crimes. Acts for which the court may convict you of or charge you with terrorism include the following:
- Mass destruction
- Violence
- Chemical attacks
- Biological attacks
- Hijacking
- Poisoning
- Detonating or building bombs
- Assassination
- Spreading radioactive materials
- Possessing bomb manufacturing materials
- Transmitting, sharing, or possessing plans for perpetrating a terrorist act
- Possessing chemical or biological weapons
- Providing logistical or financial help to somebody who perpetrates a terrorist attack.
Terrorist acts generally lead to federal-level charges. Federal laws on terrorism are described under 18 U.S.C. Chapter 113B. Examples of instances considered terrorism under this law include:
- Assassinating a government employee
- Using explosives to attack an embassy
- Destroying an aircraft
- Providing support to terrorist organizations
- Using biological, nuclear, chemical, or radiological weapons on a group of people
- Bombing a public place
- Kidnapping any government official
- Harboring a terrorist
Federal and state legislatures have recently intensified tools to prosecute and prevent terrorism. The lawmakers have also enhanced the consequences. Today, these consequences include life in prison and capital punishment sentences.
A key element of terrorism accusations is the intention of spreading fear to have individuals change their conduct. You need not harm anyone for the court to find you guilty of terrorism. Making terrorist threats can suffice. Terrorist threats entail threatening to hurt a person to achieve a political goal.
Note that there is a difference between a criminal threat and a terrorist threat. A criminal threat aims to lead to significant bodily harm or death to someone else. A person could make the threats in writing or by word of mouth. They could also make them by email, phone, or other electronic communication devices. The judge could find you guilty of criminal threats even if you did not intend to fulfill those threats.
Terrorist threats involve threatening to perpetrate a violent act to endanger other people. A person must make these threats with reckless disregard for the harm it would cause. For example, if you joke about having a bomb on a plane, you can be guilty of terrorist threats.
Aiding and abetting a terrorist culprit or terrorist act is also a crime. If the authorities catch you doing so, you can also face charges. The same will apply if the police catch you planning a terror attack. A federal terrorism conviction is very severe. It may mean life in prison or, in other cases, capital punishment.
The Patriot Act
The Patriot Act refers to a statute the U.S. Congress passed in response to the Sept. 11, 2001, terrorist attacks. President George H. W. Bush signed this act into law on Oct. 26, 2001. After the passage of this act, the country’s terrorism statutes changed. Consequently, federal agencies received more resources to prosecute the charges.
The act has various provisions. These provisions aim to improve the capability of authorities to probe terrorist activities. The Patriot Act’s key provisions include:
- Money laundering. The Patriot Act contains a provision to fight money laundering. The Act also fights the financing of terror groups and terrorist activities.
- Immigration: This Act averts the entry of terror suspects into the country. If a person has already entered, the provision allows their deportation.
- Intelligence gathering: This Act allows intelligence bodies to share information with police agencies. The police can also gather intelligence on suspected terrorists and their activities.
- Searches: The Patriot Act allows the police to search property without a warrant. The police need not first secure a warrant if they have reason to suspect terrorist activity.
- Surveillance: The police can monitor suspected terrorists’ conversations through electronic surveillance. This entails monitoring electronic communications like emails. It also involves wiretapping and using trap-and-trace devices and pen registers.
The Act also includes provisions that increase the consequences of terrorism crimes. In particular cases, these penalties might apply retroactively.
Critics of this Act assert that it violates civil liberties and people’s privacy rights. They also argue that some of its provisions are broad and open to abuse. For example, under the 4th Amendment, the police cannot search your home without a warrant. Usually, the police must present probable cause in court that you committed criminal activity to secure a warrant. The Patriot Act allows police officers to search your property if it does not have that warrant. The Act says they can do this provided they leave notice that they were there.
Here is a scenario. Say you donated to an organization deemed connected to a potential terrorist organization. In that case, the authorities may stroll through your home while you are away. They will then leave a notification about the search behind. While they are there, they might notice what appears to be child pornography. These could be photos of your child playing naked in a kiddy pool. They could then utilize that as evidence to expand their investigation. They could then seize other possessions. For example, they could take your computer to search for more illegal materials. They might even check your local library to find out what books you have read or checked out.
Conversely, the supporters of the Act argue that it is necessary to help combat terrorism. They assert that the provisions are well-balanced. That is, they safeguard people’s rights while ensuring national safety.
The Hertzberg-Alarcon California Prevention of Terrorism Act
As we have seen, terrorism is mainly a federal offense. However, California, too, has laws combating crime. The California terrorism law is PC Section 11415 through Section 11419. It is prevalently called the Hertzberg-Alarcon California Prevention of Terrorism Act.
The law describes terrorism as acts involving using weapons of mass destruction. Weapons of mass destruction include biological, chemical, radiological, or nuclear weapons. Its primary aim is to forbid:
- The use,
- Possession,
- Production,
- manufacture, or
- Threatened use of weapons of mass destruction to commit terrorist activity.
The law also prohibits the deliberate or threatened use of commercial or industrial chemicals as weapons against animals or persons.
The Hertzberg-Alarcon California Prevention of Terrorism Act forbids carrying, possessing, producing, manufacturing, or using these weapons:
- Blood agents, for example, hydrogen cyanide
- Blister agents, including mustards and incapacitating chemicals
- Nerve agents like Sarin
- Biological weapons, such as bacteria or viruses that are weaponized
- Choking agents like phosgene
- Vectors (chemicals or living things) that can convey toxins
- Nuclear or radiological agents
The law may not apply to the following parties:
- Pharmacists, licensed medical practitioners, veterinarians, or physicians authorized to dispense a prescription.
- Research institutions, pharmaceutical corporations, universities, or
- Anyone possessing a prohibited agent per a legal prescription under federal law.
Types of the Terrorism Offense
There are two types of terrorism charges: international terrorism and domestic terrorism.
International terrorism incorporates violent acts or acts dangerous to people’s lives that occur outside the United States territorial jurisdiction but which still violate or would violate the United States’ criminal laws if perpetrated within the United States jurisdiction. These acts could include:
- Mass destruction,
- Intimidation,
- Assassination,
- Coercion, and
- Kidnapping to impact civilian or public life or intimidate government policy.
Terrorists perpetrate the above acts to achieve an impact on the public or government. These acts also traditionally go beyond national boundaries in terms of the intended victims of coercion.
Domestic terrorism is an occurrence that happens within the U.S. territorial jurisdiction. It entails violent acts that violate the U.S.’s criminal laws or are hazardous to human life. These acts could include:
- Mass destruction,
- Assassination,
- Intimidation, and
- Kidnapping to intimidate private or public officials.
Entities or groups that could become targets of domestic terrorism are, among others:
- Political organizations
- Religious groups
- Federal, private, or state buildings
- Ethnic groups
- Public Utilities
- Natural resources
- Civilian populations
Several factors have contributed to the evolution of both international and domestic terrorism. Some of these factors include:
- Social media and the Internet. Domestic and international terrorists have developed a strong presence on social media platforms. They have achieved this through online images, publications, videos, and messaging platforms. This enables the groups to recruit and radicalize individuals willing to take part in extremist messaging.
- Lone offenders. Terrorism has evolved from conspiracies by large groups to lone-offender terrorist attacks. These individuals usually radicalize other people online and mobilize violence swiftly. A lone offender has no guidance or group affiliation, making it difficult to identify, disrupt, or investigate them. The authorities rely on tips from the general public to detect these attacks or threats.
Authorities have expanded their resources using Patriot Act provisions and other federal laws. Now, They have more capabilities to prosecute individuals accused of domestic terrorism. The Hertzberg-Alarcon California Prevention of Terrorism Act has also helped.
The surveillance and enforcement powers granted to federal organizations and agencies to fight organized crime and drug trafficking cases are currently available to combat domestic terrorism. Any violent act intended to intimidate civilians or governments into changing or abandoning their conduct may be considered terrorism.
Federal Consequences of Terrorism
Federal and state agents often work together to combat terrorism. Even so, terrorism charges are primarily a federal court issue. That means the DOJ (Department of Justice) will collaborate with other agencies in these matters. These agencies include the FBI and the DHS (Department of Homeland Security). You may also have to deal with the CIA (Central Security Agency) and NSA (National Security Agency) in the course of your terrorism prosecution.
Federal prosecuting attorneys boost their careers by prevailing in high-profile cases like this. If they succeed in obtaining a conviction, you may be subject to:
- Excessive fines
- Damage to your reputation
- Damage to your immigration status, which includes denial of entry to particular countries
- Passport revocation
- Loss of privileges to fly
- Revocation of your professional license
- Seizing or freezing of your bank account
- Placement on a terrorist watchlist
- Life imprisonment without the possibility of parole
- Capital punishment
If you indirectly or directly financed terrorist activities, you can be subject to a federal prison sentence of up to twenty years.
If you helped conceal or provided support to a terrorist plot, you may be subject to up to fifteen years in federal prison. If death resulted from an action of a person you concealed or aided, you can face life imprisonment in federal prison.
Apart from criminal penalties, you can also face civilian consequences if accused of terrorism in the United States. Any municipality, business, or person that suffered property damage or personal injuries because of your terrorism act can sue you. If the complainant prevails in a civil lawsuit, the court will charge you three times the compensable damages determined by the court. You will also be required to pay attorney’s fees and court costs.
If found guilty of terrorism, you will earn a permanent felony criminal record. If the authorities ever release you from incarceration, you will most likely have difficulty securing employment and renting an apartment. Your felony terrorism conviction is viewable via a background check, which can result in your community ostracizing you.
Penalties of Terrorism in California
Many terrorism charges lead to federal prosecution, as illustrated above. The charges are based on the specific situation and the outcome of the terrorist act committed. However, California’s terrorism statute also severely punishes the crime. The punishment for using or possessing weapons of mass destruction includes the following under California law:
- Suppose you used a weapon of mass destruction against seeds, crops, or animals such that it could cause a major loss in value or widespread damage to the crops or animals. In that case, you may be subject to a state prison sentence of four, eight, or twelve years and a fine not exceeding one hundred thousand U.S. dollars.
- If you used a weapon of mass destruction in such a manner that it might damage the source of drinking water or food supply, you would face a prison sentence of twelve, eight, or five years and a fine not exceeding one hundred thousand U.S. dollars.
- If you used a weapon of mass destruction against someone else in a manner that could cause demise or significant bodily harm, you might face life in prison with no possibility of parole.
- If the judge convicts you of using a weapon of mass destruction against someone else in a manner that could cause disabling injury or illness, you may be subject to life in prison.
- You may be subject to a state prison sentence of twelve, eight, or four years if the judge convicts you of possessing, developing, manufacturing, producing, transferring, acquiring, or retaining a weapon of mass destruction.
Defending Against Terrorism Accusations
Terrorism allegations are a severe matter, and the local community and the general public are often quick to conclude that the defendant is criminally liable even before they have had a chance to defend themselves. However, remember that just because you are subject to charges does not mean you are criminally liable. Every defendant is innocent until proven guilty, and there are instances of false accusations and mistaken identity that may have led to your arrest and charges.
An attorney can help you defend against your terrorism charges. Some of the defenses they may argue include the following:
- The government has accused you wrongfully or
- It is a case of mistaken identity
- You did not make terrorist threats
- There is not sufficient evidence to convict you
- Someone has accused you because they are out for revenge
Your attorney can argue several other defenses to help clear your name. Remember, for the judge to convict you of terrorism, the prosecution must prove all the elements of the crime beyond any reasonable doubt. An attorney knowledgeable in terrorism charges will rigorously investigate your case to build the most compelling strategy to beat the charges you face and secure your freedom.
Find a Terrorism Charges Defense Attorney Near Me
If the prosecution has accused you of terrorism in California, you will face the full extent of the law. The federal, state, and local law will be on your neck. Aggressive federal prosecuting attorneys will do all they can to lock you up in these cases. And make no mistake, they may succeed because they have unlimited resources. Do not talk to anyone to protect your rights until you consult a skilled defense lawyer.
At Leah Legal, our trial attorneys have won several intricate cases in federal court. No one will intimidate us. We will provide the necessary expert counsel to achieve the best possible outcome. If the prosecution has accused you of terrorism in Van Nuys, CA, do not hesitate to seek help. Contact us at 818-484-1100 today for a consultation to learn more and a case evaluation.
