SF4953

Purpose

• Establishes a new crime in Minnesota law that criminalizes providing material support or resources to terrorism or to a designated foreign terrorist organization.
• Aligns state statute with definitions tied to federal designations and U.S. law.

Main Provisions

• Creates the offense of providing material support or resources to a designated foreign terrorist organization or to an organization that has engaged in terrorist activity or terrorism, knowing of the organization’s status or conduct.
• Defines the core crime and the required knowledge element (awareness of the organization’s designation or its involvement in terrorism).

Definitions (key terms used in the offense)

• Designated foreign terrorist organization: an organization designated as a terrorist organization by the United States Secretary of State under 8 U.S.C. 1189.
• Material support or resources: includes any property (tangible or intangible) or service, such as currency, financial instruments, financial services, lodging, training, expert advice or assistance, safe houses, false documentation, communications equipment, facilities, weapons, lethal substances or explosives, personnel, or transportation.
• Exclusions: medicine and religious materials are not considered material support or resources.
• Terrorism: as defined in U.S. law (22 U.S.C. 2656f(d)).
• Terrorist activity: as defined in U.S. law (8 U.S.C. 1182(a)(3)).
• The statute cross-references specific federal definitions to determine what counts as terrorism and terrorist activity.

Penalties (how the crime is punished)

• Subdivision 3a: Up to 10 years in prison or a fine of up to $20,000, or both.
• Subdivision 3b: If the violation is a substantial factor in the victim suffering great bodily harm, up to 20 years in prison or a fine of up to $30,000, or both.
• Subdivision 3c: If the violation is a substantial factor in causing a death, up to 40 years in prison or a fine of up to $100,000, or both.

Significant Changes to Existing Law

• Creates a new Minnesota Statutes chapter provision (609.4955) to criminalize providing material support or resources for terrorism or to terrorist organizations.
• Establishes a tiered sentencing framework based on the severity of harm caused, including potential imprisonment and fines tied to bodily harm or death.
• Embeds federal designations and definitions into state law to determine prohibited conduct and to determine the scope of the offense.

Practical Effect

• Individuals may be prosecuted in Minnesota courts for assisting designated terrorist organizations or groups involved in terrorism, with penalties escalating based on the impact of the crime (bodily harm or death).

Relevant Terms - material support or resources - designated foreign terrorist organization - terrorism - terrorist activity - United States Secretary of State - 8 U.S.C. 1189 - 22 U.S.C. 2656f(d) - 8 U.S.C. 1182(a)(3) - medicine (as an excluded item) - religious materials (as an excluded item) - felony - imprisonment - fine - substantial factor - great bodily harm - death