NCSL Brief: Terrorism in State Criminal Codes

(This is one of a series of briefs written by NCSL, "Protecting Democracy: States Respond to Terrorism.")

Terrorism in State Criminal Codes

By Blake Harrison

Immediately following the recent terrorist attacks on the United States, state legislators began reviewing anti-terrorism laws in their criminal codes. Comprehensive initiatives have been passed that make terrorism and support of terrorism state crimes with harsh punishment, including the death penalty. States also have increased the penalties for falsely reporting terrorist threats or causing others to believe they have been exposed to a deadly agent. These measures are emerging as states are in the process of establishing task forces on terrorism to help coordinate homeland security.

State Actions

Death Penalty. In the 38 states with capital punishment, 11 impose a death sentence for first-degree murder. The remaining 27 states make murder in conjunction with at least one aggravating factor a possible capital offense, and most states have aggravating factors that are likely to cover terrorist acts. Aircraft hijacking or piracy is a capital crime in Georgia and Mississippi. Thirteen states--Alabama, California, Colorado, Delaware, Illinois, Indiana, Kentucky, Nevada, Oregon, Pennsylvania, South Carolina, South Dakota and Utah-specify acts such as the use of explosives or a weapon of mass destruction as aggravating circumstances that may elicit a death sentence. Other aggravating circumstances found in state death penalty laws that could apply to terrorist acts include: knowingly creating a great risk of death to more than one person; contemplating murder as part of a common scheme, operation or course of conduct that would result in the death of more than one person; and committing a murder that was especially heinous, atrocious or cruel.

New York recently passed legislation that amends the death penalty law to include a person who commits murder in furtherance of a terrorist act. Similar legislation is pending in Iowa and Wisconsin, two states that currently do not have the death penalty.

New Crimes. Vulnerability to terrorism has sparked interest in eliminating potential gaps in criminal codes. Efforts have centered on creating specific statutory crimes for terrorist acts and providing appropriate penalties for making false threats or creating fear.

New York enacted a law that provides criminal penalties for committing terrorism, soliciting or providing support for an act of terrorism, making terroristic threats and hindering prosecution of terrorism. Michigan enacted a law that provides penalties for knowingly committing an act that causes another individual to believe he or she has been exposed to a harmful biological substance or device, chemical substance, or radioactive material or device. A North Carolina bill would specifically criminalize the manufacture, possession, storage, transportation, delivery or acquisition of certain weapons of mass destruction.

Other measures focusing on terrorism have been introduced in Massachusetts, New Jersey, New York, Ohio, Pennsylvania and Utah. They attempt to criminalize different acts that pertain to terrorism or increase penalties for existing laws. These issues are likely to be seen in other crime legislation as state legislatures convene 2002 sessions.

Federal Actions

The U.S. attorney general has directed every U.S. attorney's office to establish a task force with representatives from federal, state and local law enforcement agencies to share information with one another on suspected terrorists and monitor any local terrorist networks. The FBI also is sharing its intelligence information through a group of about 30 regional terrorism task forces.

Governors and state legislatures also are evaluating their preparedness against terrorism and establishing groups to deal with terrorist threats. The New Jersey Legislature has appropriated $8.9 million for the creation of a domestic security preparedness planning group. Other states are forming similar task forces through the expansion of health and safety departments. These groups, generally created through executive order, are designed to evaluate and respond to terrorist threats.

Contacts for More Information

Blake Harrison
NCSL--Denver
(303) 856-1525, ext. 326
blake.harrison@ncsl.org

Office of the Coordinator for Counterterrorism
Department of State
(202) 647-4000

Other NCSL Resources:

Other NCSL Briefs "States Respond to Terrorism"

NCSL's Protecting Democracy Page

NCSL's 2002 Legislative Session Home Page

NCSL's Criminal Justice Page