PRIOR PRINTER'S NO. 501 PRINTER'S NO. 1075
No. 462 Session of 2005
INTRODUCED BY CRAHALLA, ARMSTRONG, BAKER, BELFANTI, BOYD,
BROWNE, BUNT, CALTAGIRONE, CAPPELLI, CAWLEY, CLYMER,
DENLINGER, J. EVANS, FABRIZIO, FREEMAN, GINGRICH, GODSHALL,
GOOD, GOODMAN, HARRIS, HESS, M. KELLER, MAHER, MANN,
MARKOSEK, MILLARD, S. MILLER, PHILLIPS, PICKETT, READSHAW,
REICHLEY, RUBLEY, SCAVELLO, SCHRODER, SEMMEL, B. SMITH,
STERN, E. Z. TAYLOR, TIGUE, YOUNGBLOOD, ZUG, GEIST AND
SAYLOR, FEBRUARY 14, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 14, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of
3 soliciting or providing support for an act of terrorism and
4 terrorist organizations.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 2717. Soliciting or providing support for terrorism and <--
10 terrorist organizations.
11 (a) Offense.--A person commits the offense of soliciting or
12 providing support for terrorism or a terrorist organization
13 when, with the intent that the material support or resources
14 will be used, in whole or in part, to plan, prepare, carry out
15 or aid in terrorism or the concealment of terrorism, he raises,
1 solicits, collects or provides material support or resources.
2 (b) Grading.--If the total value of material support or
3 resources exceeds $1,000, an offense under this section is a
4 felony of the second degree; otherwise, an offense under this
5 section is a felony of the third degree.
6 (c) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Material support or resources." Currency or other financial
10 securities, financial services, lodging, training, safe houses,
11 false documentation or identification, communications equipment,
12 facilities, weapons, lethal substances, explosives, personnel,
13 transportation and other physical assets, except medicine or
14 religious materials.
15 "Terrorism." Any act intended to:
16 (1) Intimidate or coerce a civilian population by
17 violence or threat of violence.
18 (2) Influence the policy of a unit of government by
19 intimidation or coercion by violence or threat of violence.
20 (3) Affect the conduct of a government by mass
21 destruction, assassination or kidnapping.
22 "Terrorist organization." The term includes any
23 organization, domestic or foreign, which directly engages in the
24 planning, preparation, carrying out or aiding of any act of
25 terrorism and includes, but is not limited to, any organization
26 designated under section 219 of the Immigration and Nationality
27 Act (66 Stat. 163, 8 U.S.C. § 1189) as a foreign terrorist
28 organization.
29 § 2717. SOLICITING OR PROVIDING SUPPORT FOR TERRORISM AND <--
30 TERRORIST ORGANIZATIONS.
20050H0462B1075 - 2 -
1 (A) OFFENSE.--A PERSON COMMITS THE OFFENSE OF SOLICITING OR
2 PROVIDING SUPPORT FOR TERRORISM OR A TERRORIST ORGANIZATION
3 WHEN, WITH THE INTENT THAT THE MATERIAL SUPPORT OR RESOURCES
4 WILL BE USED, IN WHOLE OR IN PART, TO PLAN, PREPARE, CARRY OUT
5 OR AID IN TERRORISM OR THE CONCEALMENT OF TERRORISM, HE RAISES,
6 SOLICITS, COLLECTS OR PROVIDES MATERIAL SUPPORT OR RESOURCES.
7 (B) GRADING.--IF THE TOTAL VALUE OF MATERIAL SUPPORT OR
8 RESOURCES EXCEEDS $1,000, AN OFFENSE UNDER THIS SECTION IS A
9 FELONY OF THE SECOND DEGREE; OTHERWISE, AN OFFENSE UNDER THIS
10 SECTION IS A FELONY OF THE THIRD DEGREE.
11 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
12 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
13 SUBSECTION:
14 "DANGEROUS TO HUMAN LIFE OR PROPERTY." A VIOLENT ACT OR AN
15 ACT WHICH IS INTENDED TO OR LIKELY TO CAUSE DEATH, SERIOUS
16 BODILY INJURY OR MASS DESTRUCTION.
17 "MASS DESTRUCTION." AN ACT WHICH IS INTENDED TO OR LIKELY TO
18 DESTROY OR CAUSE SERIOUS DAMAGE TO TRANSPORTATION-RELATED
19 INFRASTRUCTURE OR FACILITIES, ENERGY-RELATED INFRASTRUCTURE OR
20 FACILITIES, PUBLIC OR PRIVATE BUILDINGS, PLACES OF PUBLIC
21 ACCOMMODATION OR PUBLIC WORKS UNDER CIRCUMSTANCES EVINCING
22 DEPRAVED INDIFFERENCE TO HUMAN LIFE OR PROPERTY.
23 "MATERIAL SUPPORT OR RESOURCES." CURRENCY OR OTHER FINANCIAL
24 SECURITIES, FINANCIAL SERVICES, LODGING, TRAINING, SAFE HOUSES,
25 FALSE DOCUMENTATION OR IDENTIFICATION, COMMUNICATIONS EQUIPMENT,
26 FACILITIES, WEAPONS, LETHAL SUBSTANCES, EXPLOSIVES, PERSONNEL,
27 TRANSPORTATION AND OTHER PHYSICAL ASSETS, EXCEPT MEDICINE OR
28 RELIGIOUS MATERIALS.
29 "TERRORISM." ANY ACT CONSTITUTING AN OFFENSE UNDER THIS
30 PART, INCLUDING AN ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT
20050H0462B1075 - 3 -
1 ANY OFFENSE, WHICH IS PUNISHABLE BY IMPRISONMENT OF MORE THAN
2 ONE YEAR AND INVOLVES AN ACT DANGEROUS TO HUMAN LIFE INTENDED TO
3 DO ONE OF THE FOLLOWING:
4 (1) INTIMIDATE OR COERCE A CIVILIAN POPULATION.
5 (2) INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY
6 INTIMIDATION OR COERCION.
7 (3) AFFECT THE CONDUCT OF A GOVERNMENT.
8 "TERRORIST ORGANIZATION." THE TERM INCLUDES ANY
9 ORGANIZATION, DOMESTIC OR FOREIGN, WHICH DIRECTLY ENGAGES IN THE
10 PLANNING, PREPARATION, CARRYING OUT OR AIDING OF ANY ACT OF
11 TERRORISM AND INCLUDES, BUT IS NOT LIMITED TO, ANY ORGANIZATION
12 DESIGNATED UNDER SECTION 219 OF THE IMMIGRATION AND NATIONALITY
13 ACT (66 STAT. 163, 8 U.S.C. § 1189) AS A FOREIGN TERRORIST
14 ORGANIZATION.
15 Section 2. This act shall take effect in 60 days.
A21L18SFL/20050H0462B1075 - 4 -