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Legislative Update

Terrorism

May 17, 2019 Filed Under: Criminal

S.E.A. 240, P.L. 66
Effective: July 1, 2019

  • Repeals and replaces in a new article the offense of: (1) possession, use, or manufacture of a weapon of mass destruction; (2) agricultural terrorism; (3) terroristic mischief; and (4) terroristic deception.
  • Specifies that “terrorism” includes the unlawful threat or use of force to affect the conduct of a government.
  • Makes providing material support to a terrorist a Level 5 felony, and increases the penalty to a Level 2 felony if the material support includes the commission of a felony or if the act of terrorism is reasonably likely to cause serious bodily injury to another person.
  • Makes concealing orharboring a person who has committed a terrorist act a Level 6 felony, and increases the penalty to a Level 3 felony if the terrorist act resulted in serious bodily injury or death.
  • Makes committing a criminal offense with the intent to benefit a terrorist organization or to increase the person’s standing in a terrorist organization a Level 5 felony, and increases the penalty to a Level 3 felony if the offense involves the unlawful use of a firearm or a weapon of mass destruction.
  • Provides that a person who commits an offense with the intent to assist another person in the commission of a felony terrorist offense is subject to an additional sentence enhancement equal to the sentence imposed for the underlying offense.
  • Specifies that a person commits intimidation if: (1) the threatening communication places a person in fear that certain threats will be carried out; or (2) if the threatening communication is made to a person other than the person who is the subject of the threat. Enhances the penalty for intimidation if the threat relates to a person’s occupation.
  • Defines “police radio mobile application” as an application installed on a mobile device that allows a person to listen to the contents of traffic carried on police radio frequencies.
  • Provides that a person who possesses or uses a police radio mobile application: (1) while committing a crime; (2) to further the commission of a crime; or (3) to avoid detection by a law enforcement agency; commits unlawful use of a police radio, a Class B misdemeanor.

Read the bill at: iga.in.gov/legislative/2019/bills/senate/240

Filed Under: Criminal Tagged With: new crime

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