PRIA, Government Policy, Made Personal

Summary

If a person commits, tries, or plans to commit an act that would be a federal drug crime under 21 U.S.C. 841(a) while knowing they are giving money or something worth money to a person or group that has carried out terrorism, that person must be punished. The punishment is at least twice the minimum sentence listed in 21 U.S.C. 841(b)(1), up to life in prison, a fine under Title 18, or both. The sentence must also include at least 5 years of supervised release after imprisonment. To be guilty, the person must know the recipient has engaged in terrorist activity or terrorism (as defined in 8 U.S.C. 1182(a)(3)(B) and 22 U.S.C. 2656f(d)(2)). U.S. courts have power over this offense in five situations: when it breaks U.S. criminal laws; when it happens in or affects interstate or foreign commerce; when the support causes or aims to cause death or serious injury to a U.S. national abroad or big damage to U.S. corporate property abroad; when it happens partly or wholly outside the U.S. and a U.S. national or U.S. legal entity is involved; or when the offender is brought into or found in the U.S. after the act. "Anything of pecuniary value" means money or items worth money (see 18 U.S.C. 1958(b)(1)).

Title 21, §960a

Food and Drugs, Source: USLM XML via OLRC

(a)Prohibited acts

Whoever engages in conduct that would be punishable under section 841(a) of this title if committed within the jurisdiction of the United States, or attempts or conspires to do so, knowing or intending to provide, directly or indirectly, anything of pecuniary value to any person or organization that has engaged or engages in terrorist activity (as defined in section 1182(a)(3)(B) of title 8) or terrorism (as defined in section 2656f(d)(2) of title 22), shall be sentenced to a term of imprisonment of not less than twice the minimum punishment under section 841(b)(1), and not more than life, a fine in accordance with the provisions of title 18, or both. Notwithstanding section 3583 of title 18, any sentence imposed under this subsection shall include a term of supervised release of at least 5 years in addition to such term of imprisonment.

(b)Jurisdiction

There is jurisdiction over an offense under this section if—

(1)the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the United States;

(2)the offense, the prohibited drug activity, or the terrorist offense occurs in or affects interstate or foreign commerce;

(3)an offender provides anything of pecuniary value for a terrorist offense that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States;

(4)the offense or the prohibited drug activity occurs in whole or in part outside of the United States (including on the high seas), and a perpetrator of the offense or the prohibited drug activity is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); or

(5)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.

(c)Proof requirements

To violate subsection (a), a person must have knowledge that the person or organization has engaged or engages in terrorist activity (as defined in section 1182(a)(3)(B) of title 8) or terrorism (as defined in section 2656f(d)(2) of title 22).

(d)Definition

As used in this section, the term “anything of pecuniary value” has the meaning given the term in section 1958(b)(1) of title 18.

Editorial Notes

References in Text

section 841, referred to in the original in subsec. (a), probably should have been a reference to section 401 of Pub. L. 91–513, which is classified to section 841 of this title. Pub. L. 91–513 does not contain a section 841.

§960a Foreign Terrorist Organizations, Terrorist Persons and Groups

Summary

Title 21, §960a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata