New York Anti-Terror Laws

Signed by the Governor September 17, 2001

1. Crime of terrorism. A person is guilty of this offense when he or she commits a "specified offense" with intent to 1) intimidate or coerce a civilian population, 2) influence the policy of a unit of government, or 3) affect the conduct of a unit of government. A "specified offense" is any class A felony (other than a drug offense), any violent felony offense, manslaughter in the second degree, criminal tampering in the first degree, or an attempt or conspiracy to commit any of the specified offenses. If the specified offense is a class B, C, D or E felony, the punishment shall be one category higher. For example, a person who commits Assault in the first degree, a class B violent felony (punishable by up to 25 years in state prison) with the intent to intimidate or coerce a civilian population will be subject to a class A-I felony sentence (punishable by up to life in state prison.) If the underlying specified offense is itself a class A-I felony offense, then the minimum punishment must be life imprisonment without parole. If the specified offense is murder in the first degree, a sentence of death is authorized.

2. Making a terrorist threat. A person is guilty of this offense when he or she threatens to commit a crime of terrorism, causing a reasonable expectation or fear of the imminent commission of such offense. Sentence: up to 7 years in state prison.

3. Soliciting or providing support for an act of terrorism in the first degree: Soliciting or providing material support or resources in New York, with a value in excess of $1,000, intending their use in any phase of committing, concealing, or escaping from an act of terrorism. Sentence: up to 15 years in prison.

4. Soliciting or providing support for an act of terrorism in the second degree. Same as #3 above, but with no dollar-value cutoff. Sentence: up to 7 years in state prison.

5 . Hindering prosecution of terrorism in the first degree: Rendering criminal assistance to a person who has committed an act of terrorism that resulted in death, knowing or believing that the person has engaged in such conduct. "Renders criminal assistance" includes harboring or concealing a terrorist, providing money, transportation or a weapon, or suppressing physical evidence. 25 year maximum.

6. Hindering prosecution of terrorism in the second degree. Same as #5 above), but without regard to whether the act of terrorism resulted in the death of another person. Up to 15 years.

Death Penalty for intentional murders in furtherance of an act of terrorism.

Falsely Reporting an Incident and Placing a False Bomb: Up to 7 years for falsely reporting, or placing any device that appears to be a bomb but is not in fact operational in any public building.

Eavesdropping and Video Surveillance Warrants: add as designated predicate offenses  the new crimes that are created by the terrorism bill, as well as falsely reporting an incident and placing a false bomb, to the list of designated offenses that enable law enforcement authorities to obtain eavesdropping or video surveillance warrants.