PRINTER'S NO. 1781
No. 1401 Session of 2007
INTRODUCED BY PALLONE, FABRIZIO, HERSHEY, W. KELLER, KORTZ,
MURT, PRESTON, READSHAW, SABATINA, SANTONI, SOLOBAY AND
YOUNGBLOOD, JUNE 5, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 5, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for terrorism; and
3 providing for soliciting or providing support for an act of
4 terrorism and for hindering prosecution for an act of
5 terrorism.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2717 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 2717. Terrorism.
11 (a) General rule.--A person is guilty of terrorism if he
12 commits a violent offense intending to do any of the following:
13 (1) Intimidate or coerce a civilian population.
14 (2) Influence the policy of a government by intimidation
15 or coercion.
16 (3) Affect the conduct of a government.
17 (b) Grading and penalty.--
18 (1) If the violent offense is a misdemeanor or a felony
19 of the third or second degree, an offense under this section
1 shall be classified one degree higher than the classification
2 of the violent offense specified in section 106 (relating to
3 classes of offenses).
4 (2) If the violent offense is a felony of the first
5 degree, a person convicted of an offense under this section
6 shall be sentenced to a term of imprisonment fixed by the
7 court at not more than 40 years and may be sentenced to pay a
8 fine of not more than $100,000. If the specified offense
9 resulted in the death of a person other than one of the
10 participants, sentencing shall be in accordance with 42
11 Pa.C.S. § 9711 (relating to sentencing procedure for murder
12 of the first degree).
13 (c) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Dangerous to human life or property." A violent act or an
17 act which is intended to or likely to cause death, serious
18 bodily injury or mass destruction.
19 "Mass destruction." An act which is intended to or likely to
20 destroy or cause serious damage to transportation-related
21 infrastructure or facilities, energy-related infrastructure or
22 facilities, public or private buildings, places of public
23 accommodation or public works under circumstances evincing
24 depraved indifference to human life or property.
25 "Violent offense." An offense under this part, including an
26 attempt, conspiracy or solicitation to commit any such offense,
27 which is punishable by imprisonment of more than one year and
28 involves an act dangerous to human life or property.
29 Section 2. Title 18 is amended by adding sections to read:
30 § 2718. Soliciting or providing support for terrorism and
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1 terrorist organizations.
2 (a) Offense.--A person commits the offense of soliciting or
3 providing support for terrorism or a terrorist organization
4 when, with the intent that the material support or resources
5 will be used, in whole or in part, to plan, prepare, carry out
6 or aid in terrorism or the concealment of, or an escape from,
7 terrorism, he raises, solicits, collects or provides material
8 support or resources.
9 (b) Grading.--Notwithstanding the provisions of section
10 2717(b) (relating to terrorism), if the total value of material
11 support or resources exceeds $1,000, an offense under this
12 section is a felony of the second degree; otherwise, an offense
13 under this section is a felony of the third degree.
14 (c) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Material support or resources." Currency or other financial
18 securities, financial services, lodging, training, safe houses,
19 false documentation or identification, communications equipment,
20 facilities, weapons, lethal substances, explosives, personnel,
21 transportation and other physical assets, except medicine or
22 religious materials.
23 "Terrorism." An act classified as an offense under section
24 2717(a) (relating to terrorism).
25 "Terrorist organization." The term includes any
26 organization, domestic or foreign, which directly engages in the
27 planning, preparation, carrying out or aiding of any act of
28 terrorism and includes, but is not limited to, any organization
29 under section 219 of the Immigration and Nationality Act (66
30 Stat. 163, 8 U.S.C. § 1189) as a foreign terrorist organization.
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1 § 2719. Hindering prosecution for terrorism.
2 (a) Offense.--A person commits the offense of hindering
3 prosecution for terrorism if he renders criminal assistance to a
4 person who has committed terrorism, knowing or believing that
5 such person engaged in conduct constituting terrorism.
6 (b) Grading.--Notwithstanding the provisions of section
7 2717(b) (relating to terrorism), if the terrorism resulted in
8 the death of a person other than one of the participants, an
9 offense under this section is a felony of the second degree;
10 otherwise, an offense under this section is a felony of the
11 third degree.
12 (c) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "Renders criminal assistance." With the intent to prevent,
16 hinder or delay the discovery or apprehension of, or the
17 bringing of a criminal charge against, a person who he knows or
18 believes has committed an offense under section 2717 (relating
19 to terrorism), or is being sought by law enforcement officials
20 for the commission of an offense under section 2717, or with
21 intent to assist a person in profiting or benefiting from the
22 commission of an offense under section 2717, he:
23 (1) harbors or conceals such person;
24 (2) warns such person of impending discovery or
25 apprehension;
26 (3) provides such person with money, transportation,
27 weapon, disguise or other means of avoiding discovery or
28 apprehension;
29 (4) prevents or obstructs, by means of force,
30 intimidation or deception, anyone from performing an act
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1 which might aid in the discovery or apprehension of such
2 person or in the bringing of a criminal charge against him;
3 or
4 (5) suppresses, by any act of concealment, alteration or
5 destruction, any physical evidence which might aid in the
6 discovery or apprehension of such person or in the bringing
7 of a criminal charge against him.
8 "Terrorism." An act classified as an offense under section
9 2717(a) (relating to terrorism).
10 Section 3. This act shall take effect in 60 days.
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