Graphical Highlights
 
Alternative Federal Definitions of Terrorism Criminal Cases

Used By Federal District Courts to Categorize Cases Based on Statutory Charge
Statutory Charges Description Description Prior to 9/11/2001
18 U.S.C. 1038 False information and hoaxes Added Pub. L. 108-458, title VI, Sec. 6702(a), Dec. 17, 2004
For full text click here
18 U.S.C. 1993 Terrorist attacks and other acts of violence; terrorist attacks and other acts of violence against public transportation systems Added Pub. L. 107-56, title VIII, Sec. 801, Oct. 26, 2001; amended in 2003 and 2005; repealed 2006..
For full text click here
18 U.S.C. 2332a-2332h Criminal penalties for terrorism; use of certain weapons of mass destruction; acts of terrorism transcending nation boundaries; financial transactions related to terrorism; bombing of places of public use;  Added Pub. L. 99-399, title XII, Sec. 1202(a), Aug. 27, 1986, amended in 1990, 1991, 1992, 1994, 1996, 1998, 2001, 2002, 2004, 2006
For full text click here
18 U.S.C. 2339A-2339D Harboring or concealing terrorists; providing material support to terrorists; providing material support or resources to terrorists; Added Pub. L. 107-56, title VIII, Sec. 803(a), Oct. 26, 2001; amended in 2002.
For full text click here


Used By National Security Division to Categorize Cases
Criteria Description Description Prior to 9/11/2001
not defined withheld Created as a result of 9/11


Used by Federal Prosecutors to Categorize All Incoming Referrals Based on Type of Criminal Activity
Subcategory of Criminal Terrorism Activity Description Description Prior to 9/11/2001
International Terrorism International Terrorism Incidents Which Impact on U.S. Involves acts of an international nature, including threats or conspiracies to engage in such acts, which are violent or otherwise dangerous to human life and which appear motivated by an intent to coerce, intimidate, or retaliate against a government or a civilian population ("terrorist motive"). The conduct is of an international nature if it occurs primarily outside the United States or transcends national boundaries, or involves a foreign terrorist organization. All cases which involve federal offenses relating to international terrorism incidents which impact on United States interests. Cases include, but are not limited to, those brought under 18 U.S.C 32, 112, 831, 878, 1116, 1202(a)(4), 1203, 1651-1661 and 22 U.S.C. 2708, 2778, and 49 U.S.C. App. 1472(i).
Statutory violations which, when accompanied by a terrorist motive, constitute federal crimes of terrorism include, but are not limited to: 18 U.S.C. 32, 37, 81, 175, 175b, 229, 351, 831, 842(m)&(n), 844(f)&(i), 930(c), 956, 1114, 1116, 1203, 1362, 1363, 1366(a), 1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332a, 2332b, 2339, & 2340A; 42 U.S.C. 2284; or 49 U.S.C. 46504, 46505(b)(3), 46506, & 60123(b). See 18 U.S.C. 2332b(g)(5). (National Priority (N).)7
Domestic Terrorism Involves acts, including threats or conspiracies to engage in such acts, which are violent or otherwise dangerous to human life, which appear motivated by an intent to coerce, intimidate, or retaliate against a government or a civilian population ("terrorist motive"), and which occur primarily within the United States and do not involve a foreign terrorist organization. Domestic Terrorism. Involves cases where the conduct constituting a potential violation of federal criminal law, which was undertaken by an individual or group seeking to further political or social goals wholly or in part through activites that involve force or violence or threats of force or violence. (All such cases are National Priority (N).)
Statutory violations which, when accompanied by a terrorist motive, constitute federal crimes of terrorism include, but are not limited to, those listed under the Program Category of International Terrorism. (National Priority (N).)
Terrorist Financing Involves instances in which an individual or group of individuals, subject to the jurisdiction of the United States, knowingly provides material support or resources, directly or indirectly, to a foreign terrorist organization or to support the carrying out of a terrorist act. This includes violations brought under 18 U.S.C. 2339A and 2339B (providing material support to terrorists), 1956 (where the money laundering or transfers involve specified unlawful activity of a terrorist nature), and any other federal criminal violation where the intention is to provide material support to terrorists or to conceal the provision of such support. (National Priority (N).) Added 2002
Terrorism Related Hoaxes Involves instances in which an individual or group of individuals convey information, knowing it to be false, concerning conduct which if true would constitute a threatened or actual terrorist act, including any act involving the purported use of a chemical, biological, radiological, or nuclear substance. (National Priority (N).) Added 2002
Critical Infrastructure Protection Involves the illegal export of goods, services, or technology to, or an illegal transaction with, an embargoed or prohibited nation, organization, or individual or an attempt or conspiracy to do the same (may involve violations of 22 U.S.C. § 2778, 50 U.S.C. § 1705, 50 U.S.C. App. § 16, 50 U.S.C. App. § 2410, 22 C.F.R. Parts 120-130, 15 C.F.R. §§ 730-774, 31 C.F.R. Part 500 to End, 18 U.S.C. § 554, 18 U.S.C. § 2332d, and any associated statute such as 18 U.S.C. § 1001 or 18 U.S.C. § 371 arising from an export violation).

Such violations must involve a terrorism-related entity or individual, a terrorism motive (i.e., motivated by an intent to coerce, intimidate, or retaliate against a government or a civilian population), or enforcement of sanctions instituted at least in part in response to terrorist activity by a country, entity, or individual.
Added 2008
Export Enforcement Terrorism Related Any matter or case that is brought to protect against vulnerabilities to, or restore the integrity of, public or non-public infrastructure that is critical to our national security. Such infrastructure may include systems or networks affecting national transportation, communication and information sharing, immigration and citizenship status and border protection, energy production and transmission, military installations and other government facilities, natural-resource management, and banking and financial security, among others. These matters and cases will typically be the result of proactive investigative and prosecutorial efforts. Reactive, arrest-generated immigration cases are excluded, with the exception of those cases that a district would not otherwise have taken but for a specific, affirmative counterterrorism effort to protect infrastructure critical to national security. Defendants in cases coded under this program code may have, but are not required to have, identifiable links to terrorist activity. Any case coded under this section will involve potential or actual exploitation of weaknesses in infrastructure or systems that affect our national security. Added 2008
Anti-Terrorism Any matter or case where the underlying purpose or object of the investigation is anti-terrorism related (domestic or international). This program category is meant to capture United States Attorney Office activity intended to prevent or disrupt potential or actual terrorist threats where the offense conduct is not obviously a federal crime of terrorism. To the extent evidence or information exists, in any form, reasonably relating the case to terrorism or the prevention of terrorism (domestic or international), the matter should be considered "anti-terrorism." For example, a case involving offenses such as immigration violations, document fraud, or drug trafficking, where the subject or target is reasonably linked to terrorist activity, should be considered an "anti-terrorism" matter or case. Similarly, a case of identity theft and document fraud where the defendant's motivation is to obtain access to and damage sensitive government facilities should be considered "anti-terrorism." (National Priority (N).) Sub-classes of Anti-Terrorism are:
  • Anti-Terrorism/Environmental
  • Anti-Terrorism/Identity Theft
  • Anti-Terrorism/Immigration
  • Anti-Terrorism/OCDETF Drugs
  • Anti-Terrorism/Non-OCDETF Drugs
  • Anti-Terrorism/Violent Crimes
  • Anti-Terrorism/All Others

Added 2002; reclassed as inactive in 2008

Sources: Executive Office for United States Attorneys (EOUSA) for federal prosecutor definition and Administrative Office of the United States Courts for federal court definition. TRAC included all cases under 18 USC 2332, including those involving homicide. Description of the NSD criteria withheld by the National Security Division, U.S. Department of Justice.



Transactional Records Access Clearinghouse, Syracuse University
Copyright 2009