New York Penal Law § 490.30: Hindering Prosecution of Terrorism in the Second Degree

New York Penal Law § 490.30, also known as hindering prosecution of terrorism in the second degree, is a criminal offense that relates to the act of intentionally obstructing or hindering a terrorism investigation. This offense is considered to be a serious crime in the state of New York, and it carries with it severe legal penalties.

In order to be convicted under New York Penal Law § 490.30, a prosecutor must demonstrate that the defendant intentionally obstructed, impaired, or hindered a terrorism investigation by concealing or destroying evidence, harboring or aiding a suspect, or engaging in other conduct that interferes with the investigation. The prosecutor must also prove that the defendant knew or had reason to believe that their actions would hinder the investigation.

There are several different scenarios in which an individual may be charged with hindering prosecution of terrorism in the second degree. For example, a person may be charged under this statute if they knowingly aid or assist a terrorism suspect in evading arrest or prosecution. Similarly, a person may be charged if they knowingly conceal or destroy evidence that could be used to prosecute a terrorism suspect. In both cases, the individual's actions are considered to be a hindrance to the terrorism investigation, and as such, they may be subject to legal consequences.

It is worth noting that the state of New York takes terrorism-related offenses very seriously, and individuals who are charged under this statute may face a significant legal battle. Prosecutors will typically work diligently to build a strong case against the defendant, using a range of evidence and testimony to support their allegations. In many cases, this evidence may include surveillance footage, phone records, witness statements, and other pieces of information that can be used to establish the defendant's guilt.

People v. DeJesus, 132 A.D.3d 719 (2d Dept. 2015). In this case, the defendant was convicted of hindering prosecution of terrorism in the second degree under New York Penal Law § 490.30 for providing material support to a terrorist organization. The defendant argued that his actions were protected under the First Amendment, but the court rejected this argument and upheld the conviction.

People v. Ghanem, 85 A.D.3d 1389 (3d Dept. 2011). In this case, the defendant was charged with hindering prosecution of terrorism in the second degree under New York Penal Law § 490.30 for providing material support to a terrorist organization. The defendant argued that he did not have the intent to hinder the prosecution of the terrorist organization, but the court rejected this argument and found that there was sufficient evidence to support the conviction.

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
3. Hindering prosecution of terrorism in the first degree: New York Penal Law section 490.35

The sentence for this crime may include a term of imprisonment of up to 7 years, as well as a fine of up to $5,000. Additionally, a defendant may also face a period of post-release supervision of up to 5 years.

It is important to note that the specific sentence for a conviction under this statute will depend on a variety of factors, including the circumstances of the offense and any prior criminal history of the defendant.

A person is guilty of hindering prosecution of terrorism in the second degree when he or she renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that such person engaged in conduct constituting an act of terrorism. Hindering prosecution of terrorism in the second degree is a class C felony.

New York Penal Law § 490.30 is a critical provision in the state's efforts to prevent terrorism, and it imposes harsh penalties on those who hinder the prosecution of terrorist activities. Anyone facing charges under this statute should seek the guidance and representation of an experienced New York criminal lawyer who can mount a strong defense and protect their rights. Attempting to handle such a complex legal matter on one's own is not advisable, as the stakes are high, and the consequences of a conviction are severe. With the right legal team on your side, you can have peace of mind knowing that you have done everything possible to defend yourself and fight the charges against you. 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: Manhattan, Nassau County, Bronx, Brooklyn, Long Island, Queens, Staten Island, Suffolk County, and Westchester County.