Terrorist Material Support: A Sketch of 18 U.S.C. 2339A and 2339B

Abstract

The sections use a common definition for the term "material support or resources:" any service or tangible or intangible property. The Supreme Court recently held that the forms of material support in the challenge before it were not unconstitutionally vague nor was their proscription inconsistent with the First Amendment's freedom of speech and freedom of association requirements. Violations of either section are punishable by imprisonment for not more than 15 years. Although neither section creates a civil cause of action for victims, treble damages and attorneys fees may be available for some victims under 18 U.S.C. 2333. Section 2339B has two extraterritorial jurisdiction provisions. One is general (there is extraterritorial jurisdiction over an offense under this section) and the other descriptive (there is extraterritorial jurisdiction over an offender under this section if the offender is a U.S. national, etc.). Section 2339A has no such provisions, but is likely applicable at a minimum when an offender or victim is a U.S. national; the offense has an impact in the United States; the offense is committed against U.S. national interests; or the offense is universally condemned. This an abridged version of CRS Report R41333, Terrorist Material Support: An Overview of 18 U.S.C. 2339A and 2339B, without the footnotes, citations to authority, and appendices found in the longer report.

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Document Details

Document Type
Technical Report
Publication Date
Jul 19, 2010
Accession Number
ADA530624

Entities

People

  • Charles Doyle

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Human Systems

DTIC Thesaurus Topics

  • Antiterrorism
  • Commerce
  • Congress
  • Counterterrorism
  • Crime
  • Freedom Of Speech
  • Governments
  • Imprisonment
  • International Law
  • Law
  • Materials
  • Sentence (Law)
  • Supreme Court
  • Terrorism
  • Terrorists
  • United States
  • Victims

Readers

  • Business Analytics
  • Government and Public Administration Law.
  • Political Violence and Terrorism Studies.