"Federal statute defines domestic terrorism to include dangerous criminal acts intended to
intimidate or coerce a civilian population or to influence or affect government policy or conduct
within the jurisdiction of the United States.Despite the federal statutory definition, no federal
criminal provision expressly prohibits “domestic terrorism.” Nevertheless, numerous federal
statutes offer prosecutors options in charging violent and destructive conduct consistent with the
statutory definition of domestic terrorism. Some of these statutes can be characterized as
expressly focused on terrorism, listing criminal offenses to include, among others, providing
material support or resources to terrorists and engaging in terrorism transcending domestic
boundaries. Other generally applicable federal criminal laws may also be relevant to domestic
terrorism prosecutions. For example, depending on the defendant’s motive, target, or means,
various federal criminal statutes protecting certain property or persons, prohibiting violence
motivated by particular biases, or criminalizing possession or use of specific weapons may apply.
Depending on the circumstances, prosecutors may also rely on accomplice liability or inchoate offenses such as attempt,
conspiracy, or solicitation to charge conduct consistent with the definition of domestic terrorism. Beyond applicable offenses,
domestic terrorism may be relevant in federal sentencing, either through specific statutes that authorize additional penalties in
the domestic terrorism context or through the United States Sentencing Guidelines, which include an upward adjustment for
offenses connected to terrorism.
Civil disturbances over the past year have reportedly heightened interest in laws governing domestic terrorism, a topic that
has long been a matter of congressional concern. As a number of proposals introduced in the 116th and 117th Congresses
reflect, Congress remains interested in additional legislation addressingdomestic terrorism, and any legislative action in this
area would take place against the backdrop of a broader discussion of potential policy concerns and constitutional
considerations. For instance, some observers dispute whether there is a gap in the existing federal domestic terrorism legal
regime that leaves some violent or destructive conduct outside the scope of federal jurisdiction, and, if so, what new criminal
provisions would be required. Additionally, certain constitutional constraints, such as First Amendment protections, Fourth
Amendment restrictions on government searches, and broader federalism-based limitations on federal jurisdiction, may be
relevant should Congress consider new domestic terrorism law..."
Domestic Terrorism and Criminal Law
Wednesday, July 7, 2021
Domestic Terrorism: Overview of Federal Criminal Law and Constitutional Issues
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