[Airbornelawyer]

Originally posted by NousDefionsDoc
What's the criteria for being designated a terrorist?

A "terrorist" is one who commits or conspires to commit an act of terrorism.

Under federal law, an "act of terrorism" (1) is an act that is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct, and (2) is a violation of one of the following laws:

• 18 USC 32 (destruction of aircraft or aircraft facilities)
• 18 USC 37 (violence at international airports),
• 18 USC 81 (arson within special maritime and territorial jurisdiction)
• 18 USC 175 or 175b (biological weapons)
• 18 USC 229 (chemical weapons)
• 18 USC 351 (a), (b), (c), or (d) (congressional, cabinet, and Supreme Court assassination and kidnaping)
• 18 USC 831 (nuclear materials)
• 18 USC 842(m) or (n) (certain acts involving plastic explosives that do not contain a detection agent)
• 18 USC 844(f)(2) or (3) (arson and bombing of Government property risking or causing death)
• 18 USC 844(i) (arson and bombing of property used in interstate commerce)
• 18 USC 930(c) (killing or attempted killing during an attack on a Federal facility with a dangerous weapon)
• 18 USC 956(a)(1) (conspiracy to murder, kidnap, or maim persons abroad)
• 18 USC 1030(a)(1) (espionage by computer)
• 18 USC 1030(a)(5)(A)(i) (hacking or using computer viruses), resulting in damage as defined in 18 USC 1030(a)(5)(B)(ii)-(v) (death, injuries, threats to public health, violations of national security)
• 18 USC 1114 (killing or attempted killing of officers and employees of the United States)
• 18 USC 1116 (murder or manslaughter of foreign officials, official guests, or internationally protected persons)
• 18 USC 1203 (hostage taking)
• 18 USC 1362 (destruction of communication lines, stations, or systems)
• 18 USC 1363 (injury to buildings or property within special maritime and territorial jurisdiction of the United States)
• 18 USC 1366(a) (destruction of an energy facility)
• 18 USC 1751(a), (b), (c), or (d) (Presidential and Presidential staff assassination and kidnaping)
• 18 USC 1992 (wrecking trains)
• 18 USC 1993 (terrorist attacks and other acts of violence against mass transportation systems)
• 18 USC 2155 (destruction of national defense materials, premises, or utilities)
• 18 USC 2280 (violence against maritime navigation)
• 18 USC 2281 (violence against maritime fixed platforms)
• 18 USC 2332 (certain homicides and other violence against U.S. nationals occurring outside of the U.S.)
• 18 USC 2332a (use of weapons of mass destruction)
• 18 USC 2332b (acts of terrorism transcending national boundaries)
• 18 USC 2339 (harboring terrorists)
• 18 USC 2339A (providing material support to terrorists)
• 18 USC 2339B (providing material support to terrorist organizations)
• 18 USC 2340A (torture)
• 42 USC 2284 (sabotage of nuclear facilities or fuel)
• 49 USC 46502 (aircraft piracy)
• 2nd sentence of 49 USC 46504 (assault on a flight crew with a dangerous weapon)
• 49 USC 46505(b)(3) or (c) (explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft)
• 49 USC 46506 (application of certain criminal laws to acts on aircraft) if homicide or attempted homicide is involved
• 49 USC 60123(b) (destruction of interstate gas or hazardous liquid pipeline facility)

This is a long list of offenses, but it is important to remember that both elements of intent must be satisfied. The crimes covered on the list each have their own intent requirements, and you also have to have committed them with the intent to intimidate or coerce the government (this the main terrorist crimes statute; there are other statutes that govern other acts of international or domestic terrorism where the definition is generally the same, but cover acts to intimidate or coerce the civilian population, and not just the government).

Two other relevant crimes are "Harboring or concealing terrorists" and "Providing material support to terrorists." Not all of the crimes on the above list are covered in these offenses (for example, the computer crimes are not covered by the providing material support statute). Both of these require that you act knowing the person you are helping is doing, will do or has done the crime.

Another relevant crime is "providing material support or resources to designated foreign terrorist organizations." The definition of foreign terrorist organization applicable here is found in the Immigration and Nationality Act, at 8 USC 1189.

Under that law, a "foreign terrorist organization" is one so designated by the Secretary of State using the following criteria: the organization is a foreign organization that engages in terrorist activity or terrorism (or retains the capability and intent to engage in terrorist activity or terrorism) which threatens the security of US nationals or the national security of the US. That just takes you to two more definitions - "terrorist activity" and "terrorism" - in other sections of the US Code.

• "Terrorist activity" (8 USC 1182(a)(3)(B)) - any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following: (1) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle), (2) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained, (3) A violent attack upon an internationally protected person or upon the liberty of such a person, (4) an assassination, (5) the use of any (a) biological agent, chemical agent, or nuclear weapon or device, or (b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property, (6) a threat, attempt, or conspiracy to do any of the foregoing.
  
• "Terrorism" (22 USC 2656f(d)(2)) - premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.