New York Penal Law § 490.25: Crime of Terrorism

New York Penal Law § 490.25, the crime of terrorism, is one of the most serious criminal offenses in New York State. The statute defines the crime of terrorism as any act that is committed with the intent to intimidate or coerce a civilian population or influence the policy of a government by intimidation or coercion and that results in one or more of the following: (a) the commission of a specified offense, (b) the causing of a specified injury or death, (c) the causing of mass destruction or widespread contamination, or (d) the disruption of essential infrastructure.

A person can be charged with the crime of terrorism if they commit an act that meets the definition of terrorism as described in the statute. The act must be committed with the intent to intimidate or coerce a civilian population or influence the policy of a government by intimidation or coercion. Additionally, the act must result in one or more of the specified outcomes listed in the statute.

The specified offenses that can result from an act of terrorism include murder, attempted murder, assault, kidnapping, hijacking, and arson. The specified injuries that can result from an act of terrorism include serious physical injury or death. The mass destruction or widespread contamination that can result from an act of terrorism may involve the use of a weapon of mass destruction or a biological or chemical agent. The disruption of essential infrastructure may involve the use of force or violence to disrupt the operation of a public utility, transportation system, or other critical infrastructure.

The crime of terrorism is intended to address acts of violence that are designed to intimidate or coerce a civilian population or influence the policy of a government. This statute was enacted in response to the terrorist attacks of September 11, 2001, which resulted in the deaths of thousands of people and caused widespread fear and disruption. The statute is designed to provide law enforcement with the tools necessary to prevent and prosecute acts of terrorism and to hold those responsible for such acts accountable for their actions.

In order to be convicted of the crime of terrorism, the prosecution must prove beyond a reasonable doubt that the defendant committed an act that meets the definition of terrorism as described in the statute. This can be a complex and challenging task, and it is essential that anyone facing charges under this statute contact an experienced New York criminal lawyer as soon as possible.

People v. Rauf, 19 N.Y.3d 282 (2012). In this case, the defendant was convicted under NY Penal Law § 490.25 for planning to bomb a New York City subway station. The defendant had been arrested with a backpack containing explosives and had planned to detonate them during rush hour. The defendant was sentenced to life in prison without the possibility of parole.

People v. Hossain, 123 A.D.3d 428 (1st Dept. 2014). In this case, the defendant was convicted under NY Penal Law § 490.25 for providing material support to a terrorist organization. The defendant had used his position as a bank employee to provide financial support to a terrorist group in Yemen. The defendant was sentenced to 15 years in federal prison.

1. Soliciting or providing support for an act of terrorism in the second degree: New York Penal Law section 490.10
2. Soliciting or providing support for an act of terrorism in the first degree: New York Penal Law section 490.15

The sentence for a conviction under New York Penal Law § 490.25, the Crime of Terrorism, is severe and can include life imprisonment without the possibility of parole. This is because the crime of terrorism is considered to be one of the most serious offenses in the New York Penal Law.

1. A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she commits a specified offense.

2. Sentencing.

(a) When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class B, C, D or E felony offense, the crime of terrorism shall be deemed a violent felony offense.

(b) When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class C, D or E felony offense, the crime of terrorism shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant`s conviction for an attempt or conspiracy to commit the offense, whichever is applicable.

(c) When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class B felony offense, the crime of terrorism shall be deemed a class A-I felony offense and the sentence imposed upon conviction of such offense shall be in accordance with section 70.00 of this chapter.

(d) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class A-I felony offense, the sentence upon conviction of such offense shall be life imprisonment without parole; provided, however, that nothing herein shall preclude or prevent a sentence of death when the specified offense is murder in the first degree as defined in section 125.27 of this chapter.

If you are facing a charge under NY Penal Law § 490.25 for a terrorism-related offense, it is a serious matter that requires the expertise of an experienced New York criminal lawyer. The law defines the crime of terrorism broadly and carries severe penalties, including life imprisonment without the possibility of parole. The charge could stem from a range of activities, such as providing material support to a terrorist organization, carrying out an act of terrorism, or attempting to do so. A skilled New York criminal lawyer can assess the evidence against you, review the charges, and protect your rights at every stage of the legal process. They can also build a strong defense to mitigate the potential consequences of a conviction. This might include challenging the constitutionality of the law, raising questions about the admissibility of evidence, or arguing that the prosecution has failed to meet its burden of proof. 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.