In United States law, providing material support for terrorism is a crime prohibited by the USA PATRIOT Act and codified in title 18 of the United States Code. Penalties include fines and up to 15 years in prison, per section 2339A, and up to 20 years if the convict knows that the organization supported was designated as a "terrorist organization" by the US State Department, per 2339B. Moreover, the sentence can be increased to "any term of years" or life "if the death of any person results," where 'the term “person” means any individual or entity capable of holding a legal or beneficial interest in property'. The four types of support described are "training," "expert advice or assistance," "service," and "personnel."
In June 2010, the United States Supreme Court upheld the law in an as-applied challenge in the case Holder v. Humanitarian Law Project, but also left open the door for other as-applied challenges.[1] The defendants in the case had sought to help the Kurdistan Workers' Party in Turkey and the Liberation Tigers of Tamil Eelam learn means of peacefully resolving conflicts.[2][3]
- ^ "08-1498 Holder v. Humanitarian Law Project (06/21/2010)" (PDF). Archived (PDF) from the original on August 28, 2017. Retrieved August 27, 2017.
- ^ Adam Liptak, Court Affirms Ban on Aiding Groups Tied to Terror Archived 2017-08-28 at the Wayback Machine, The New York Times, June 21, 2010.
- ^ Ruane, Kathleen Ann. The Advocacy of Terrorism on the Internet: Freedom of Speech Issues and the Material Support Statutes Archived 2016-09-28 at the Wayback Machine. Washington, DC: Congressional Research Service, September 8, 2016.
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