New York Penal Law § 490.10: Soliciting or Providing Support for an Act of Terrorism in the Second Degree

New York Penal Law § 490.10 defines the crime of soliciting or providing support for an act of terrorism in the second degree. This statute criminalizes behavior that involves providing financial or material support to an individual or group with the intention of facilitating or carrying out an act of terrorism.

Under this law, a person is guilty of second-degree terrorism support if they provide any form of tangible or intangible support to a person or group with knowledge that the support will be used for a terrorist act. The support could include money, weapons, transportation, or any other form of assistance that could facilitate the commission of a terrorist act.

In order for someone to be convicted of second-degree terrorism support, the prosecution must prove beyond a reasonable doubt that the accused had knowledge that the support they provided would be used to commit an act of terrorism. It is not necessary for the accused to have participated directly in the act of terrorism, as the act of providing support is considered a serious crime in itself.

The purpose of this statute is to deter individuals from providing support to terrorists and to punish those who engage in such behavior. The State of New York takes terrorism very seriously and has implemented strict laws to combat terrorism and prevent future attacks.

United States v. Zazi, 743 F. Supp. 2d 157 (E.D.N.Y. 2010). The defendant, Najibullah Zazi, was charged with conspiracy to use weapons of mass destruction and providing material support to a terrorist organization under NY Penal Law § 490.10. Zazi had planned to bomb the New York City subway system with explosives. The court denied Zazi's motion to suppress evidence obtained through electronic surveillance, finding that the government had satisfied the requirements of the Foreign Intelligence Surveillance Act (FISA).

People v. Anweya, 143 A.D.3d 781 (2d Dept. 2016). The defendant, Nahren Anweya, was convicted of providing material support to a designated terrorist organization under New York Penal Law § 490.10. Anweya had wired money to Adnan Fazeli, a U.S. citizen who had joined ISIS in Syria, which he used to purchase equipment and supplies for the terrorist group. Anweya argued that she did not have knowledge of Fazeli's connection to ISIS or that her money would be used to support the group. However, the court upheld her conviction, finding that the evidence was sufficient to support the jury's conclusion that Anweya intended to support ISIS by providing financial assistance to Fazeli.

1. Soliciting or providing support for an act of terrorism in the first degree: New York Penal Law section 490.15
2. Making a terrorist threat: New York Penal Law section 490.20

Under New York Penal Law § 490.10, providing material support to a designated terrorist organization is classified as a class D felony. The maximum sentence for a class D felony in New York is up to 7 years in prison. However, the specific sentence for a defendant may vary depending on factors such as the seriousness of the offense, the defendant's criminal history, and other mitigating or aggravating circumstances.

A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism, he or she raises, solicits, collects or provides material support or resources. Soliciting or providing support for an act of terrorism in the second degree is a class D felony.

New York Penal Law § 490.10 is a serious criminal offense that carries severe penalties, including up to 7 years in prison. If you are facing charges under this law, it is important to contact an experienced New York criminal lawyer who can provide valuable legal advice and representation, helping you navigate the complexities of the criminal justice system and working to protect your freedom and your future. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.