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CITE

    18 USC Sec. 2339A                                           01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113B - TERRORISM

HEAD

    Sec. 2339A. Providing material support to terrorists

STATUTE

      (a) Offense. - Whoever provides material support or resources or
    conceals or disguises the nature, location, source, or ownership of
    material support or resources, knowing or intending that they are
    to be used in preparation for, or in carrying out, a violation of
    section 32, 37, 81, 175, 229, 351, 831, 842(m) or (n), 844(f) or
    (i), 930(c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751,
    1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, or 2340A
    of this title, section 236 of the Atomic Energy Act of 1954 (42
    U.S.C. 2284), section 46502 or 60123(b) of title 49, or any offense
    listed in section 2332b(g)(5)(B) (except for sections 2339A and
    2339B) or in preparation for, or in carrying out, the concealment
    of an escape from the commission of any such violation, or attempts
    or conspires to do such an act, shall be fined under this title,
    imprisoned not more than 15 years, or both, and, if the death of
    any person results, shall be imprisoned for any term of years or
    for life. A violation of this section may be prosecuted in any
    Federal judicial district in which the underlying offense was
    committed, or in any other Federal judicial district as provided by
    law.
      (b) Definitions. - As used in this section -
        (1) the term "material support or resources" means any
      property, tangible or intangible, or service, including currency
      or monetary instruments or financial securities, financial
      services, lodging, training, expert advice or assistance,
      safehouses, false documentation or identification, communications
      equipment, facilities, weapons, lethal substances, explosives,
      personnel (1 or more individuals who may be or include oneself),
      and transportation, except medicine or religious materials;
        (2) the term "training" means instruction or teaching designed
      to impart a specific skill, as opposed to general knowledge; and
        (3) the term "expert advice or assistance" means advice or
      assistance derived from scientific, technical or other
      specialized knowledge.

SOURCE

    (Added Pub. L. 103-322, title XII, Sec. 120005(a), Sept. 13, 1994,
    108 Stat. 2022; amended Pub. L. 104-132, title III, Sec. 323, Apr.
    24, 1996, 110 Stat. 1255; Pub. L. 104-294, title VI, Secs.
    601(b)(2), (s)(2), (3), 604(b)(5), Oct. 11, 1996, 110 Stat. 3498,
    3502, 3506; Pub. L. 107-56, title VIII, Secs. 805(a), 810(c),
    811(f), Oct. 26, 2001, 115 Stat. 377, 380, 381; Pub. L. 107-197,
    title III, Sec. 301(c), June 25, 2002, 116 Stat. 728; Pub. L. 107-
    273, div. B, title IV, Sec. 4002(a)(7), (c)(1), (e)(11), Nov. 2,
    2002, 116 Stat. 1807, 1808, 1811; Pub. L. 108-458, title VI, Sec.
    6603(a)(2), (b), Dec. 17, 2004, 118 Stat. 3762; Pub. L. 109-177,
    title I, Sec. 110(b)(3)(B), Mar. 9, 2006, 120 Stat. 208.)

AMENDMENTS

      2006 - Subsec. (a). Pub. L. 109-177 struck out "1993," after
    "1992,".
      2004 - Subsec. (a). Pub. L. 108-458, Sec. 6603(a)(2)(B), which
    directed amendment of this section by inserting "or any offense
    listed in section 2332b(g)(5)(B) (except for sections 2339A and
    2339B)" after "section 60123(b) of title 49,", was executed by
    making the insertion in subsec. (a) after "section 46502 or
    60123(b) of title 49," to reflect the probable intent of Congress.
      Pub. L. 108-458, Sec. 6603(a)(2)(A), struck out "or" before
    "section 46502".
      Subsec. (b). Pub. L. 108-458, Sec. 6603(b), reenacted heading
    without change and amended text generally. Prior to amendment, text
    read as follows: "In this section, the term 'material support or
    resources' means currency or monetary instruments or financial
    securities, financial services, lodging, training, expert advice or
    assistance, safehouses, false documentation or identification,
    communications equipment, facilities, weapons, lethal substances,
    explosives, personnel, transportation, and other physical assets,
    except medicine or religious materials."
      2002 - Subsec. (a). Pub. L. 107-273, Sec. 4002(a)(7), (e)(11),
    struck out "2332c," after "2332b," and substituted "of an escape"
    for "or an escape".
      Pub. L. 107-197 inserted "2332f," before "or 2340A".
      Subsec. (b). Pub. L. 107-273, Sec. 4002(c)(1), repealed amendment
    by Pub. L. 104-294, Sec. 601(b)(2). See 1996 Amendment note below.
      2001 - Subsec. (a). Pub. L. 107-56, Sec. 811(f), inserted "or
    attempts or conspires to do such an act," before "shall be fined".
      Pub. L. 107-56, Sec. 810(c)(1), substituted "15 years" for "10
    years".
      Pub. L. 107-56, Sec. 810(c)(2), which directed substitution of ",
    and, if the death of any person results, shall be imprisoned for
    any term of years or for life." for period, was executed by making
    the substitution for the period at end of the first sentence to
    reflect the probable intent of Congress and the intervening
    amendment by section 805(a)(1)(F) of Pub. L. 107-56. See below.
      Pub. L. 107-56, Sec. 805(a)(1)(F), inserted at end "A violation
    of this section may be prosecuted in any Federal judicial district
    in which the underlying offense was committed, or in any other
    Federal judicial district as provided by law."
      Pub. L. 107-56, Secs. 805(a)(1)(A)-(E), struck out ", within the
    United States," after "Whoever", and inserted "229," after "175,",
    "1993," after "1992,", ", section 236 of the Atomic Energy Act of
    1954 (42 U.S.C. 2284)," after "2340A of this title", and "or
    60123(b)" after "section 46502".
      Subsec. (b). Pub. L. 107-56, Sec. 805(a)(2), substituted "or
    monetary instruments or financial securities" for "or other
    financial securities" and inserted "expert advice or assistance,"
    after "training,".
      1996 - Pub. L. 104-294, Sec. 604(b)(5), amended directory
    language of Pub. L. 103-322, Sec. 120005(a), which enacted this
    section.
      Pub. L. 104-132 amended section generally, reenacting section
    catchline without change and redesignating provisions which
    detailed what constitutes offense, formerly contained in subsec.
    (b), as subsec. (a), inserting references to sections 37, 81, 175,
    831, 842, 956, 1362, 1366, 2155, 2156, 2332, 2332a, 2332b, and
    2340A of this title, striking out references to sections 36, 2331,
    and 2339 of this title, redesignating provisions which define
    "material support or resource", formerly contained in subsec. (a),
    as subsec. (b), substituting provisions excepting medicine or
    religious materials from definition for provisions excepting
    humanitarian assistance to persons not directly involved in
    violations, and struck out subsec. (c) which authorized
    investigations into possible violations, except activities
    involving First Amendment rights.
      Subsec. (a). Pub. L. 104-294, Sec. 601(s)(2), (3), inserted
    "930(c)," before "956,", "1992," before "2155,", "2332c," before
    "or 2340A of this title", and "or an escape" after "concealment".
      Subsec. (b). Pub. L. 104-294, Sec. 601(b)(2), which directed
    substitution of "2332" for "2331", "2332a" for "2339", "37" for
    "36", and "or an escape" for "of an escape" and which could not be
    executed after the general amendment by Pub. L. 104-132, was
    repealed by Pub. L. 107-273, Sec. 4002(c)(1). See above.
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
    116 Stat. 1808, provided that the amendment made by section
    4002(c)(1) is effective Oct. 11, 1996.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 604(b)(5) of Pub. L. 104-294 effective Sept.
    13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note
    under section 13 of this title.