§2339A.¹ Providing material support to terrorists

(a) Definition.-In this section, "material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, but does not include humanitarian assistance to persons not directly involved in such violations.

(b) Offense.-A person who, within the United States, 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, 36,² 351, 844(f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331,² or 2339 ² of this title or section 46502 of title 49, or in preparation for or carrying out the concealment of ³ an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both.

(c) Investigations.-

(1) In general.-Within the United States, an investigation may be initiated or continued under this section only when facts reasonably indicate that-

(A) in the case of an individual, the individual knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law; and

(B) in the case of a group of individuals, the group knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law.

(2) Activities protected by the first amendment.-An investigation may not be initiated or continued under this section based on activities protected by the First Amendment to the Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group.

(Added Pub. L. 103–322, title XII, §120005(a), Sept. 13, 1994, 108 Stat. 2022 .)

Codification

Section 120005(a) of Pub. L. 103–322, which directed the amendment of this chapter by adding this section without specifying where in this chapter to set out this section, was executed by adding this section at the end of this chapter, to reflect the probable intent of Congress.

¹ So in original. No section 2339 has been enacted.

² So in original. References to sections 36, 2331, and 2339 probably should be to sections 37, 2332, and 2332a, respectively.

³ So in original. Probably should be "or".