§ 2339A. — Providing material support to terrorists.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2339A]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113B--TERRORISM
Sec. 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,
1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 1993, 2155, 2156,
2280, 2281, 2332, 2332a, 2332b, 2332f, or 2340A of this title, section
236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502
or 60123(b) of title 49, 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) Definition.--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.
(Added Pub. L. 103-322, title XII, Sec. 120005(a), Sept. 13, 1994, 108
Stat. 2022; amended Pub. L. 104-132, title III, Sec. 323, Apr. 24, 1996,
110 Stat. 1255; Pub. L. 104-294, title VI, Secs. 601(b)(2), (s)(2), (3),
604(b)(5), Oct. 11, 1996, 110 Stat. 3498, 3502, 3506; Pub. L. 107-56,
title VIII, Secs. 805(a), 810(c), 811(f), Oct. 26, 2001, 115 Stat. 377,
380, 381; Pub. L. 107-197, title III, Sec. 301(c), June 25, 2002, 116
Stat. 728; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(7), (c)(1),
(e)(11), Nov. 2, 2002, 116 Stat. 1807, 1808, 1811.)
Amendments
2002--Subsec. (a). Pub. L. 107-273, Sec. 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, Sec. 4002(c)(1), repealed amendment by
Pub. L. 104-294, Sec. 601(b)(2). See 1996 Amendment note below.
2001--Subsec. (a). Pub. L. 107-56, Sec. 811(f), inserted ``or
attempts or conspires to do such an act,'' before ``shall be fined''.
Pub. L. 107-56, Sec. 810(c)(1), substituted ``15 years'' for ``10
years''.
Pub. L. 107-56, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 604(b)(5), amended directory language of
Pub. L. 103-322, Sec. 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, Sec. 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, Sec. 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, Sec. 4002(c)(1). See above.
Effective Date of 2002 Amendment
Pub. L. 107-273, div. B, title IV, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 1956, 2332b, 2339B, 2516 of
this title; title 22 sections 2778, 7211; title 28 section 1605.
