18 U.S.C. § 2339A

Providing material support to terrorists

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar

(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, 1091, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, 2340A, or 2442 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.(Added Pub. L. 103–322, title XII, § 120005(a), Sept. 13, 1994, 108 Stat. 2022; amended Pub. L. 104–132, title III, § 323, Apr. 24, 1996, 110 Stat. 1255; Pub. L. 104–294, title VI, §§ 601(b)(2), (s)(2), (3), 604(b)(5), Oct. 11, 1996, 110 Stat. 3498, 3502, 3506; Pub. L. 107–56, title VIII, §§ 805(a), 810(c), 811(f), Oct. 26, 2001, 115 Stat. 377, 380, 381; Pub. L. 107–197, title III, § 301(c), June 25, 2002, 116 Stat. 728; Pub. L. 107–273, div. B, title IV, § 4002(a)(7), (c)(1), (e)(11), Nov. 2, 2002, 116 Stat. 1807, 1808, 1811; Pub. L. 108–458, title VI, § 6603(a)(2), (b), Dec. 17, 2004, 118 Stat. 3762; Pub. L. 109–177, title I, § 110(b)(3)(B), Mar. 9, 2006, 120 Stat. 208; Pub. L. 111–122, § 3(d), Dec. 22, 2009, 123 Stat. 3481.)Editorial NotesAmendments

2009—Subsec. (a). Pub. L. 111–122 inserted “, 1091” after “956” and substituted “, 2340A, or 2442” for “, or 2340A”.

2006—Subsec. (a). Pub. L. 109–177 struck out “1993,” after “1992,”.

2004—Subsec. (a). Pub. L. 108–458, § 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, § 6603(a)(2)(A), struck out “or” before “section 46502”.

Subsec. (b). Pub. L. 108–458, § 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, § 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, § 4002(c)(1), repealed amendment by Pub. L. 104–294, § 601(b)(2). See 1996 Amendment note below.

2001—Subsec. (a). Pub. L. 107–56, § 811(f), inserted “or attempts or conspires to do such an act,” before “shall be fined”.

Pub. L. 107–56, § 810(c)(1), substituted “15 years” for “10 years”.

Pub. L. 107–56, § 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, § 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, §§ 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, § 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, § 604(b)(5), amended directory language of Pub. L. 103–322, § 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, § 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, § 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, § 4002(c)(1). See above.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Pub. L. 107–273, div. B, title IV, § 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.

Notes of Decisions

Cited in 403 cases (94 in the last 5 years), 1998–2026 · leading case: United States v. Stewart, 590 F.3d 93 (2d Cir. 2009).

Sort: Relevance Newest Treatment

United States v. Stewart, 590 F.3d 93 (2d Cir. 2009). · cites it 40× “" We affirm as to Stewart's and Yousry's convictions of providing and concealing material support to the conspiracy to murder persons in a foreign country in violation of 18 U.S.C. § 2339A and 18 U.S.C. § 2 , and of conspiring to provide and conceal such support in violation of…”

Est. of Parsons v. Palestinian Auth., 651 F.3d 118 (D.C. Cir. 2011). · cites it 30× “Here, the Parsons family alleges that the Palestinian Authority violated two federal criminal statutes: 18 U.S.C. § 2339A, which makes it a crime to "provide[] material support or resources .”

United States v. Farhane, 634 F.3d 127 (2d Cir. 2011). · cites it 16× “As the district court correctly observed, the medical expertise of a licensed physician plainly constitutes "scientific, technical or other specialized knowledge" under 18 U.S.C. § 2339A. [11] See United States v.”

United States v. Sattar, 314 F. Supp. 2d 279 (S.D.N.Y. 2004). · cites it 26× “Count Five charges Stewart and Yousry with a substantive count of providing and concealing material support to the Count Two conspiracy, in violation of 18 U.S.C. §§ 2339A and 2. Counts Six and Seven charge Stewart with making false statements in violation 18 U.”

United States v. Wassim Mazloum, 695 F.3d 457 (6th Cir. 2012). · cites it 18× “nationals, in violation of 18 U.S.C. § 2339A. In addition, Amawi and El-Hindi were each convicted of two counts of distributing information regarding the manufacture of explosives, destructive devices, and weapons of mass destruction, in violation of 18 U.”

United States v. Mohammad Hassan, 742 F.3d 104 (4th Cir. 2014). · cites it 9× “The Indictment alleged the following offenses that are particularly relevant to these appeals: • Count One charged the eight defendants with conspiring to violate 18 U.S.C. § 2339A, that is, to provide material support and resources for violations of 18 U.”

Boim v. Holy Land Found. for Relief & Dev., 549 F.3d 685 (7th Cir. 2008). · cites it 10× “For example, because the criminal law focuses on the dangerousness of a defendant's conduct, the requirement of proving that a criminal act caused an injury is often attenuated and sometimes dispensed with altogether, as in the statutes that impose criminal liability on…”

Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. 2019). · cites it 6× “Plaintiffs also cite to 18 U.S.C. § 2339A (providing material support for terrorism) and § 2339B (providing material support or resources to a designated foreign terrorist organization).”

United States v. Hayat, 710 F.3d 875 (9th Cir. 2013). · cites it 10× “HAYAT SUMMARY* Criminal Law The panel affirmed convictions for providing material support to terrorists, in violation of 18 U.S.C. § 2339A, by attending a terrorist training camp in Pakistan and returning to this country to await orders to carry out a terrorist attack, and of…”

United States v. Abu Ali, 528 F.3d 210 (4th Cir. 2008). · cites it 4× “§ 2339B (Count 2); Conspiracy to Provide Material Support to Terrorists, in violation of 18 U.S.C.A. § 2339A (Count 3); Providing Material Support to Terrorists, in violation of 18 U.”

United States v. Awan, 607 F.3d 306 (2d Cir. 2010). · cites it 8× “§ 956 (a), to wit, a conspiracy to commit *310 murder, kidnapping, or maiming outside the United States, in violation of 18 U.S.C. § 2339A; (2) providing material support and resources to be used in such a conspiracy, also in violation of 18 U.”

Fritz v. Islamic Repub. of Iran, 320 F. Supp. 3d 48 (D.C. Cir. 2018). · cites it 4× “e reasons explained below, the Court concludes as follows: (1) AAH committed acts of "hostage taking," "torture," and "extrajudicial killing" within the meaning of the International Convention Against the Taking of Hostages and the Torture Victim Protection Act; (2) Iranian…”

Show all 403 citing cases →

— 18 U.S.C. § 2339A(a) — 66 cases

United States v. Stewart, 590 F.3d 93 (2d Cir. 2009). “" We affirm as to Stewart's and Yousry's convictions of providing and concealing material support to the conspiracy to murder persons in a foreign country in violation of 18 U.S.C. § 2339A and 18 U.S.C. § 2 , and of conspiring to provide and conceal such support in violation of…”

Est. of Parsons v. Palestinian Auth., 651 F.3d 118 (D.C. Cir. 2011). “Here, the Parsons family alleges that the Palestinian Authority violated two federal criminal statutes: 18 U.S.C. § 2339A, which makes it a crime to "provide[] material support or resources .”

United States v. Wassim Mazloum, 695 F.3d 457 (6th Cir. 2012). “nationals, in violation of 18 U.S.C. § 2339A. In addition, Amawi and El-Hindi were each convicted of two counts of distributing information regarding the manufacture of explosives, destructive devices, and weapons of mass destruction, in violation of 18 U.”

James Owens v. BNP Paribas, S.A., 897 F.3d 266 (D.C. Cir. 2018).

Boim v. Holy Land Found. for Relief & Dev., 549 F.3d 685 (7th Cir. 2008). “For example, because the criminal law focuses on the dangerousness of a defendant's conduct, the requirement of proving that a criminal act caused an injury is often attenuated and sometimes dispensed with altogether, as in the statutes that impose criminal liability on…”

— 18 U.S.C. § 2339A(b) — 65 cases

Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. 2019). “Plaintiffs also cite to 18 U.S.C. § 2339A (providing material support for terrorism) and § 2339B (providing material support or resources to a designated foreign terrorist organization).”

Owens v. Repub. of Sudan, 826 F. Supp. 2d 128 (D.D.C. 2011).

United States v. Hammoud, 381 F.3d 316 (4th Cir. 2004).

United States v. Lindh, 212 F. Supp. 2d 541 (E.D. Va. 2002).

— 18 U.S.C. § 2339A(b)(1) — 83 cases

United States v. Farhane, 634 F.3d 127 (2d Cir. 2011). “As the district court correctly observed, the medical expertise of a licensed physician plainly constitutes "scientific, technical or other specialized knowledge" under 18 U.S.C. § 2339A. [11] See United States v.”

Fritz v. Islamic Repub. of Iran, 320 F. Supp. 3d 48 (D.C. Cir. 2018). “e reasons explained below, the Court concludes as follows: (1) AAH committed acts of "hostage taking," "torture," and "extrajudicial killing" within the meaning of the International Convention Against the Taking of Hostages and the Torture Victim Protection Act; (2) Iranian…”

Braun v. Islamic Repub. of Iran, 228 F. Supp. 3d 64 (D.D.C. 2017).

— 18 U.S.C. § 2339A(b)(2) — 9 cases

Humanitarian Law Proj. v. Mukasey, 509 F.3d 1122 (9th Cir. 2007).

Humanitarian Law Proj. v. Mukasey, 552 F.3d 916 (9th Cir. 2009).

Humanitarian Law Proj. v. Gonzales, 380 F. Supp. 2d 1134 (C.D. Cal. 2005).

United States v. Warsame, 537 F. Supp. 2d 1005 (D. Minnesota 2008).

— 18 U.S.C. § 2339A(b)(3) — 5 cases

Humanitarian Law Proj. v. Mukasey, 509 F.3d 1122 (9th Cir. 2007).

Humanitarian Law Proj. v. Mukasey, 552 F.3d 916 (9th Cir. 2009).

Humanitarian Law Proj. v. Gonzales, 380 F. Supp. 2d 1134 (C.D. Cal. 2005).

Humanitarian Law Proj. v. Mukasey (9th Cir. 2007).

Humanitarian Law v. Mukasey (9th Cir. 2009).

— 18 U.S.C. § 2339A(b)(i) — 1 case

Fraenkel v. Islamic Repub. of Iran, 248 F. Supp. 3d 21 (D.D.C. 2017).

— 18 U.S.C. § 2339A(b)(l) — 56 cases

Owens v. Repub. of Sudan, 412 F. Supp. 2d 99 (D.D.C. 2006).

Thuneibat v. Syrian Arab Repub., 167 F. Supp. 3d 22 (D.D.C. 2016).

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.