TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
HEAD
Sec. 2339D. Receiving military-type training from a foreign
terrorist organization
STATUTE
(a) Offense. - Whoever knowingly receives military-type training
from or on behalf of any organization designated at the time of the
training by the Secretary of State under section 219(a)(1) of the
Immigration and Nationality Act as a foreign terrorist organization
shall be fined under this title or imprisoned for ten years, or
both. To violate this subsection, a person must have knowledge that
the organization is a designated terrorist organization (as defined
in subsection (c)(4)), that the organization has engaged or engages
in terrorist activity (as defined in section 212 of the Immigration
and Nationality Act), or that the organization has engaged or
engages in terrorism (as defined in section 140(d)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
(b) Extraterritorial Jurisdiction. - There is extraterritorial
Federal jurisdiction over an offense under this section. There is
jurisdiction over an offense under subsection (a) if -
(1) an offender is a national of the United States (as defined
in (!1) 101(a)(22) of the Immigration and Nationality Act) or an
alien lawfully admitted for permanent residence in the United
States (as defined in section 101(a)(20) of the Immigration and
Nationality Act);
(2) an offender is a stateless person whose habitual residence
is in the United States;
(3) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if
the conduct required for the offense occurs outside the United
States;
(4) the offense occurs in whole or in part within the United
States;
(5) the offense occurs in or affects interstate or foreign
commerce; or
(6) an offender aids or abets any person over whom jurisdiction
exists under this paragraph in committing an offense under
subsection (a) or conspires with any person over whom
jurisdiction exists under this paragraph to commit an offense
under subsection (a).
(c) Definitions. - As used in this section -
(1) the term "military-type training" includes training in
means or methods that can cause death or serious bodily injury,
destroy or damage property, or disrupt services to critical
infrastructure, or training on the use, storage, production, or
assembly of any explosive, firearm or other weapon, including any
weapon of mass destruction (as defined in section 2232a(c)(2)
(!2));
(2) the term "serious bodily injury" has the meaning given that
term in section 1365(h)(3);
(3) the term "critical infrastructure" means systems and assets
vital to national defense, national security, economic security,
public health or safety including both regional and national
infrastructure. Critical infrastructure may be publicly or
privately owned; examples of critical infrastructure include gas
and oil production, storage, or delivery systems, water supply
systems, telecommunications networks, electrical power generation
or delivery systems, financing and banking systems, emergency
services (including medical, police, fire, and rescue services),
and transportation systems and services (including highways, mass
transit, airlines, and airports); and
(4) the term "foreign terrorist organization" means an
organization designated as a terrorist organization under section
219(a)(1) of the Immigration and Nationality Act.
SOURCE
(Added Pub. L. 108-458, title VI, Sec. 6602, Dec. 17, 2004, 118
Stat. 3761.)
REFERENCES IN TEXT
Sections 101, 212, and 219 of the Immigration and Nationality
Act, referred to in subsecs. (a), (b)(1), and (c)(4), are
classified to sections 1101, 1182, and 1189, respectively, of Title
8, Aliens and Nationality.
Section 140(d)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989, referred to in subsec. (a), is
classified to section 2656f(d)(2) of Title 22, Foreign Relations
and Intercourse.
FOOTNOTE
(!1) So in original. The word "section" probably should appear after
"in".
(!2) So in original. Probably should be section "2332a(c)(2)".
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