18-U.S.C.-2339A
§2339A – Providing Material Support to Terrorists
Pathway
Title 18 > Part I > Chapter 113B > Section 2339A
Details
- Reference: Section 2339A
- Legend: §2339A – Providing Material Support to Terrorists
- USCode Year: 2013
Provision Content
(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.
(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), 810(c), 811(f), 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.)
Amendments
2009—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.
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.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-2333 in the Legal Encyclopedia: Criminal Law
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18-U.S.C.-2326 in the Legal Encyclopedia: Crimes
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18-U.S.C.-2333 in the Legal Encyclopedia: Terrorism
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