Definitions. (a) “Act of Terrorism” (1) For purposes of this chapter means an act or acts constituting a specified offense as defined in subsection (d) of this section for which a person may be convicted in the criminal courts of the Commonwealth, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all the essential elements of a specified offense, that is intended to: (i) Intimidate or coerce a civilian population; (ii) Influence the policy of a unit of government by intimidation or coercion; or (iii) Affect the conduct of a unit of government by murder, assassination, or kidnapping; or (2) Activities that involve a violent act or acts dangerous to human life that are in violation of the criminal laws of the Commonwealth and are intended to: (i) Intimidate or coerce a civilian population; (ii) Influence the policy of a unit of government by intimidation or coercion; or (iii) Affect the conduct of a unit of government by murder, assassination, or kidnapping. (b) “Civilian Population” means all the people in the Commonwealth not in the military or naval service. (c) “Material support or resources” means currency or other financial securities, financial services, lodging, training, safe houses, false documents or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. (d) “Specified offense” for purposes of this chapter means those offenses defined in Divisions 1 and 3 of Title 6 other than Division 2 offenses, and includes an attempt or conspiracy to commit any such offense. (e) “Renders criminal assistance” when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefitting from the commission of a crime, he: (i) Harbors or conceals such person; or (ii) Warns such person of impending discovery or apprehension; or (iii) Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or (iv) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or appre-
hension of such person or in the lodging of a criminal charge against him; or (v) Suppresses, by any act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him; or (vi) Aids such person to protect or expeditiously profit from an advantage derived from such crime. Source: PL 14-59, § 3 (3501), modified. Commission Comment: Pursuant to its authority by 1 CMC § 3806(d) and (g), respectively, the Commission corrected the reference to subsection (d) in subsection (a), and corrected the spelling of “benefitting” in subsection (e). PL 14-59 became effective on August 14, 2003 and contained the following short title and findings, in addition to severability and savings clauses: Section 1. Short Title. This act may be cited as the “Anti-Terrorism Act of 2004.’’ Section 2. Findings. The Legislature finds that the devastating consequences of the attack on the World Trade Center and the Pentagon underscore the compelling need for legislation that is specifically designed to combat the evils of terrorism. Indeed, the World Trade Center and the Pentagon attacks will forever serve to remind us that terrorism is a serious and deadly problem that disrupts public order and threatens individual safety both at home and around the world. Terrorism is inconsistent with a civilized society and cannot be tolerated. The Legislature further finds that although certain federal laws seek to curb the incidence of terrorism, there are no corresponding Commonwealth laws that facilitate the prosecution and punishment of terrorists in Commonwealth courts. Presently, there is no criminal penalty in the Commonwealth for a person who solicits or raises funds for, or provides other material support or resources to, those who commit or encourage the commission of horrific and cowardly acts of terrorists. Nor do our criminal laws proscribe the making of terrorist threats or punish with appropriate severity those who hinder the prosecution of terrorists. A comprehensive Commonwealth law is needed to complement federal laws in the fight against terrorism and to better protect all citizens against terrorist acts. Accordingly, the Legislature finds that our laws must be strengthened to ensure that terrorists, as well as those who solicit or provide financial and other support to terrorists, are prosecuted and punished in Commonwealth courts with appropriate severity.