§2339D — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime to knowingly get military-style training from a group that the Secretary of State has named a foreign terrorist organization. A person who does this can be fined, sent to prison for up to ten years, or both. To be guilty, the person must know the group was officially designated as a terrorist group or that the group has done terrorist acts (see INA section 212) or terrorism (see Foreign Relations Authorization Act section 140(d)(2)). The United States can prosecute this crime even if the training happened abroad when certain things apply: the person is a U.S. citizen or a lawful permanent resident, is stateless but normally lives in the U.S., is brought into or found in the U.S. after the training, the offense happens in whole or part in the U.S., it affects interstate or foreign commerce, or the person helps or plans with someone who falls under these rules. Key terms: “military-type training” = training to kill or seriously hurt people, damage property, disrupt vital systems, or use/store/make weapons or explosives (including WMDs); “serious bodily injury” = defined in section 1365(h)(3); “critical infrastructure” = systems vital to defense, security, economy, health, or safety (like energy, water, telecom, banks, emergency services, and transport); “foreign terrorist organization” = a group designated under INA section 219(a)(1).

Title 18, §2339D

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).

(b)There is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if—

(1)an offender is a national of the United States (as defined in 11 So in original. The word “section” probably should appear after “in”. 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act);

(2)an offender is a stateless person whose habitual residence is in the United States;

(3)after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;

(4)the offense occurs in whole or in part within the United States;

(5)the offense occurs in or affects interstate or foreign commerce; or

(6)an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).

(c)As used in this section—

(1)the term “military-type training” includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2) 22 So in original. Probably should be section “2332a(c)(2)”.);

(2)the term “serious bodily injury” has the meaning given that term in section 1365(h)(3);

(3)the term “critical infrastructure” means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and

(4)the term “foreign terrorist organization” means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 101, 212, and 219 of the Immigration and Nationality Act, referred to in subsecs. (a), (b)(1), and (c)(4), are classified to section 1101, 1182, and 1189, respectively, of Title 8, Aliens and Nationality. section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, referred to in subsec. (a), is classified to section 2656f(d)(2) of Title 22, Foreign Relations and Intercourse.

§2339D Receiving Military-type Training From a Foreign Terrorist Organization

Summary

Title 18, §2339D

Notes & Related Subsidiaries

Editorial Notes

References in Text

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