NY Penal Law § 490.35: Hindering Prosecution of Terrorism in the First Degree

New York Penal Law § 490.35, Hindering prosecution of terrorism in the first degree, is a law that criminalizes actions taken to obstruct or impede the prosecution of a person or group engaged in terrorism or terrorist activities. The purpose of this law is to prevent individuals from providing material support or assistance to terrorist organizations or individuals, and to hold them accountable for their actions.

This law is designed to help prevent acts of terrorism and to punish those who attempt to support or further the goals of terrorist organizations. By making it a crime to hinder the prosecution of terrorism, the law seeks to ensure that individuals or groups who engage in terrorist activities are held accountable for their actions and prevented from carrying out further acts of violence.

The law also serves to deter others from providing support to terrorist organizations or engaging in similar activities by imposing significant penalties for those who violate the statute. The potential consequences of a conviction under this law, including a lengthy prison sentence and substantial fines, can act as a powerful deterrent for those who might otherwise consider engaging in activities that support or further the goals of terrorists.

People v. Galgano, 121 A.D.3d 577 (2d Dept. 2014). The defendant was convicted of hindering prosecution of terrorism in the first degree under New York Penal Law § 490.35 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 upheld the conviction. The court found that the defendant knew that the organization was involved in terrorism and that his actions were intended to support the organization's goals.

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 second degree: New York Penal Law section 490.30

There are several defenses that may be available if you are charged with violating New York Penal Law § 490.35. These defenses may include:

• Lack of knowledge: You did not know that the individual or group they were supporting was engaged in terrorist activities.
• Lack of intent: You did not intend to hinder the prosecution of terrorism and that any support they provided was not intended to further the goals of a terrorist organization.
• Lack of material support: Any support they provided did not meet the legal definition of "material support" under the statute.
• Coercion: You were coerced or forced to provide support to a terrorist organization or individual.
• Entrapment: You would argue that law enforcement officers induced them to commit the crime, and that they would not have committed the crime otherwise.

It is important to note that the availability and success of these defenses will depend on the specific facts and circumstances of your case. If you have been charged with violating New York Penal Law § 490.35, it is important to seek the guidance of an experienced New York criminal lawyer who can help you identify the best possible defenses in your case.

The crime of hindering prosecution of terrorism in the first degree under New York Penal Law § 490.35 is a class C felony. If convicted, a defendant may face a prison term of up to 15 years and a fine of up to $15,000.

A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than one of the participants, knowing or believing that such person engaged in conduct constituting an act of terrorism. Hindering prosecution of terrorism in the first degree is a class B felony.

If you are suspected of violating New York Penal Law § 490.35 it is important to immediately seek legal representation from a New York criminal lawyer who can conduct a thorough investigation into the facts of your case and identify any defenses that may be available to you. They can negotiate with the prosecutor to try to get the charges reduced or dismissed, and if necessary, represent you at trial. 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.