18 U.S.C. § 2331

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
As used in this chapter—(1) the term “international terrorism” means activities that—(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;(B) appear to be intended—(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;(2) the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;(3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property;(4) the term “act of war” means any act occurring in the course of—(A) declared war;(B) armed conflict, whether or not war has been declared, between two or more nations; or(C) armed conflict between military forces of any origin;(5) the term “domestic terrorism” means activities that—(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;(B) appear to be intended—(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and(C) occur primarily within the territorial jurisdiction of the United States; and(6) the term “military force” does not include any person that—(A) has been designated as a—(i) foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or(ii) specially designated global terrorist (as such term is defined in section 594.310 of title 31, Code of Federal Regulations) by the Secretary of State or the Secretary of the Treasury; or(B) has been determined by the court to not be a “military force”.(Added Pub. L. 102–572, title X, § 1003(a)(3), Oct. 29, 1992, 106 Stat. 4521; amended Pub. L. 107–56, title VIII, § 802(a), Oct. 26, 2001, 115 Stat. 376; Pub. L. 115–253, § 2(a), Oct. 3, 2018, 132 Stat. 3183.)Editorial NotesReferences in Text

Section 101(a)(22) of the Immigration and Nationality Act, referred to in par. (2), is classified to section 1101(a)(22) of Title 8, Aliens and Nationality.

Prior Provisions

A prior section 2331 was renumbered 2332 of this title.

Amendments

2018—Par. (6). Pub. L. 115–253 added par. (6).

2001—Par. (1)(B)(iii). Pub. L. 107–56, § 802(a)(1), substituted “by mass destruction, assassination, or kidnapping” for “by assassination or kidnapping”.

Par. (5). Pub. L. 107–56, § 802(a)(2)–(4), added par. (5).

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Pub. L. 115–253, § 2(b), Oct. 3, 2018, 132 Stat. 3183, provided that: “The amendments made by this section [amending this section] shall apply to any civil action pending on or commenced after the date of the enactment of this Act [Oct. 3, 2018].”

Effective Date

Pub. L. 102–572, title X, § 1003(c), Oct. 29, 1992, 106 Stat. 4524, provided that: “This section [enacting this section and sections 2333 to 2338 of this title, amending former section 2331 of this title, and renumbering former section 2331 of this title as 2332] and the amendments made by this section shall apply to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act [Oct. 29, 1992].”

Short Title of 2004 Amendment

Pub. L. 108–458, title VI, § 6601, Dec. 17, 2004, 118 Stat. 3761, provided that: “This subtitle [subtitle G (§§ 6601–6604) of title VI of Pub. L. 108–458, enacting section 2339D of this title, amending sections 2332b and 2339A to 2339C of this title, and enacting provisions set out as a note under section 2332b of this title] may be cited as the ‘Material Support to Terrorism Prohibition Enhancement Act of 2004’.”

Short Title of 2002 Amendment

Pub. L. 107–197, title I, § 101, June 25, 2002, 116 Stat. 721, provided that: “This title [enacting section 2332f of this title and provisions set out as notes under section 2332f of this title] may be cited as the ‘Terrorist Bombings Convention Implementation Act of 2002’.”

Pub. L. 107–197, title II, § 201, June 25, 2002, 116 Stat. 724, provided that: “This title [enacting section 2339C of this title and provisions set out as notes under section 2339C of this title] may be cited as the ‘Suppression of the Financing of Terrorism Convention Implementation Act of 2002’.”

Notes of Decisions
Cited in 262 cases (61 in the last 5 years), 1987–2026 · leading case: Gill v. Arab Bank, PLC, 893 F. Supp. 2d 474 (E.D.N.Y 2012).
Gill v. Arab Bank, PLC, 893 F. Supp. 2d 474 (E.D.N.Y 2012). · cites it 20× “See 18 U.S.C. § 2331 et seq. Courts that have addressed claims brought under the statute providing a civil cause of action to American nationals injured by terrorist acts have referred to it generally as the “ATA.”
Reynaldo Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021). · cites it 6× “GOOGLE “[I]nternational terrorism” is defined in 18 U.S.C. § 2331 (1). Acts of international terrorism “involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if…”
Sokolow v. Palestine Liberation Org., 835 F.3d 317 (2d Cir. 2016). · cites it 3× “” 18 U.S.C. § 2331 (1)(A). The acts must also appear to be intended “(i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or…”
Kaplan v. Lebanese Canadian Bank, 999 F.3d 842 (2d Cir. 2021). · cites it 3× “Daniels, Judge, dismissing, for 4 failure to state a claim on which relief can be granted, plaintiffs' second amended 5 complaint (or "SAC") seeking (A) to hold defendant bank liable as a principal under 6 the Antiterrorism Act of 1990 ("ATA"), see 18 U.S.C. §§ 2331 (1),…”
Rhonda Kemper v. Deutsche Bank AG, 911 F.3d 383 (7th Cir. 2018). · cites it 6× “18 U.S.C. § 2331 (1)(A). Kemper alleges that Deutsche Bank violated the federal criminal prohibitions on providing material support to terrorism and conspiring to provide material support.”
Faisal Nabin Kashem v. William Barr, 941 F.3d 358 (9th Cir. 2019). · cites it 4× “A threat of committing an act of international terrorism (as defined in 18 U.S.C. § 2331 (1)) or an act of domestic terrorism (as defined in 18 U.”
United States v. Randy Graham, 275 F.3d 490 (6th Cir. 2001). · cites it 4× ““International terrorism” is defined at 18 U.S.C. § 2331 . 4 3- As to the origin of the term “Federal crime of terrorism” which is found in 18 U.”
Linde v. Arab Bank, PLC, 882 F.3d 314 (2d Cir. 2018). · cites it 3× “4 On this appeal, Arab Bank argues that it was wrongfully denied judgment notwithstanding the verdict or a new trial because (1) the district court failed correctly to instruct the jury on the ATA's "act of international terrorism" element as defined in 18 U.S.C. § 2331 (1) ;…”
Boim v. Holy Land Found. for Relief & Dev., 549 F.3d 685 (7th Cir. 2008). · cites it 4× “" 18 U.S.C. § 2331 (1). Section 2331 was enacted as part of the Federal Courts Administration Act of 1992, Pub.”
Weiss v. Nat'l Westminster Bank PLC, 993 F.3d 144 (2d Cir. 2021). · cites it 5× “The "external 17 appearance" relevant to 18 U.S.C. § 2331 is not the "external 18 appearance" presented by a terrorist group or its funders.”
United States v. Salim, 287 F. Supp. 2d 250 (S.D.N.Y. 2003). · cites it 9× “376 (2001), Congress created a definí-, tion for “domestic terrorism” at 18 U.S.C. § 2331 (5)(C) that prohibits terrorist activities that “occur primarily within the territorial jurisdiction of the United States,” but did not amend U.”
Gill v. Arab Bank, PLC, 891 F. Supp. 2d 335 (E.D.N.Y 2012). · cites it 20× “See 18 U.S.C. § 2331 et seq. Courts that have addressed claims brought under the statute providing a civil cause of action to American nationals injured by terrorist acts have referred to it generally as the “ATA.”
— 18 U.S.C. § 2331(4) — 1 case
Joshua Atchley v. Astrazeneca UK Ltd., 22 F.4th 204 (D.C. Cir. 2022).
— 18 U.S.C. § 2331(5) — 1 case
— 18 U.S.C. § 2331(5)(A) — 1 case
— 18 U.S.C. § 2331(5)(B)(i) — 1 case
— 18 U.S.C. § 2331(5)(B)(ii) — 1 case
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.