Material Support for Terrorism (18 U.S.C. § 2339)
Two principal material support statutes prohibit providing resources to designated terrorist organizations or to those planning terrorist acts.
§ 2339A — Providing Material Support to Terrorists
Prohibits providing “material support or resources” knowing or intending that such support will be used to commit a specific listed offense (e.g., murder, kidnapping, bombing of public places).
Elements:
- Provided material support or resources
- Knowing or intending the support will be used to commit a specified violent federal offense
§ 2339B — Providing Material Support to Designated Foreign Terrorist Organizations (FTOs)
Prohibits providing “material support or resources” to a designated FTO with knowledge that the organization is a designated FTO or has engaged in terrorism.
Elements:
- Provided material support or resources to an FTO
- Knowing that the organization has been designated as an FTO or knowing about its terrorist activities
Holder v. Humanitarian Law Project (2010): § 2339B is constitutional as applied to “coordinated” activities with an FTO even if the support is for the FTO’s lawful activities (legal advocacy, human rights monitoring). “Material support” can be restricted consistent with the First Amendment when provided to an FTO.
”Material Support or Resources”
§ 2339A(b): defined to include money, financial services, lodging, training, expert advice or assistance, safehouses, false documentation, communications equipment, facilities, weapons, lethal substances, explosives, personnel, and transportation.
Personnel: providing oneself as personnel to an FTO counts. Coordination requirement: after Humanitarian Law Project, purely independent activity (advocacy on behalf of an FTO without coordination) may be protected by the First Amendment.
Penalty
§ 2339B: up to 15 years; up to life imprisonment if death results.