When the FBI Comes Calling…®
You may be charged with:
Terrorism (18 U.S.C. § 2332)
The terrorism statute essentially criminalizes all homicide, conspiracy to commit homicide, and other physical violence with the intent to coerce public policy. In order for one to be convicted under the statute, an Assistant United States Attorney (AUSA) must illustrate:
1. That the person committed, or conspired to commit, an act of homicide (murder, voluntary manslaughter, or involuntary manslaughter); or
2. That the person committed, an act of physical violence; and
3. That the Attorney General or his designee believes that the conspiracy, homicide, or act of physical violence was committed with the intention to coerce, intimidate, or retaliate against the government or a civilian population
So how have the courts interpreted the Terrorism statute?
A. Although defendant was acquitted of using a weapon of mass destruction, destruction by explosives, and eight counts each of first and second degree murder, sentencing him under the sentencing guideline for first degree murder rather than under the guideline for property damge was not erroneous, given the indictmet's allegations of premeditation and malice. United States v. Nichols, 169 F.3d 1255 (10th Cir. 1999).
B. The federal district court need not instruct the jury that the criminal act must have substantially affected interstate commerce. United States v. Wise, 221 F.3d 140 (5th Cir. 2000).
C. The statute does not unconstitutionally delegate legislative authority to the Attorney General in his authority to prosecute only those cases in which there was an intent to coerce the government or the public. United States v. Yousef, 327 F.3d 56 (2nd Cir. 2003).
Potential Punishment:
Murder- may be charged with a felony punishable by death or life imprisonment.
Conspiracy to Commit Murder- may be charged with a felony punishable by up to 20 years in
prison
Conspiracy to Commit Murder With Others- may be charged with a felony punishable by up to life
imprisonment.
Voluntary Manslaughter- may be charged with a felony punishable by up to ten years in prison.
Involuntary Manslaughter- may be charged with a felony punishable by up to three years in prison.
Physical Violence- may be fined and charged with a felony punishable by up to ten years in prison.
Though this is the primary statute regarding terrorism, some others include:
- Providing Material Support to Terrorism;
- Congressional, Cabinet, and Supreme Court Assassination, Kidnapping, or Assault;
- Presidential and Presidential Staff Assassination, Kidnapping, or Assault;
- Threats Against the President and Successors to the Presidency;
- Threats Against Former Presidents and Certain Other Persons;
- Threats and Extortion Against Foreign Officials, Official Guests, or Internationally Protected Persons.
- Radiologic Dispersed Devices
- Missile Systems Designed to Destroy Aircraft
A charge for violation of a terrorism statute may also be coupled with charges dealing with NBC Weapons, Espionage, Sabotage, or Treason, or less serious charges like Obstruction of Justice or False Statements, or may alternatively lead not to an arrest but to Combatant Detention or detention under the Material Witness statute.