New York Penal Law § 490.15: Soliciting or Providing Support for an Act of Terrorism in the First Degree

New York Penal Law § 490.15 pertains to the criminal offense of providing support to a foreign terrorist organization. Under this law, it is illegal to provide material support to a foreign terrorist organization with knowledge that the organization engages in terrorist activity. Material support includes any funds, services, or other resources that are provided to the terrorist organization, either directly or indirectly.

The law defines a foreign terrorist organization as any group that is designated as such by the Secretary of State, or any group that engages in terrorist activity that threatens the security of the United States. The law also requires that the defendant has knowledge that the organization engages in terrorist activity, which means that they are aware of the organization's objectives and methods.

Violations of New York Penal Law § 490.15 are classified as class B felonies, which carry significant criminal penalties, including up to 25 years in prison. In addition to the criminal penalties, a conviction under this law can also result in other consequences, such as damage to a person's reputation and difficulty finding employment or housing.

United States v. Mehanna, 735 F.3d 32 (1st Cir. 2013). The defendant in this case was charged with providing material support to a foreign terrorist organization, including translating and disseminating documents promoting violent jihad. The court found that the defendant had knowledge that the organization engaged in terrorist activity and that his actions provided material support to the organization. The defendant was convicted and sentenced to 210 months in prison.

United States v. Ghailani, 751 F. Supp. 2d 506 (S.D.N.Y. 2010). The defendant in this case was charged with various offenses related to the 1998 bombings of the United States embassies in Tanzania and Kenya, including conspiracy to provide material support to a foreign terrorist organization. The court found that the defendant had assisted in the acquisition of materials used in the bombings and had knowledge that the organization engaged in terrorist activity. The defendant was convicted and sentenced to life in prison.

1. Soliciting or providing support for an act of terrorism in the second degree: New York Penal Law section 490.10
2. Making a terrorist threat: New York Penal Law section 490.20

The maximum sentence for Soliciting or providing support for an act of terrorism in the first degree is 15 years in prison, with a mandatory minimum sentence of 8 years for a first-time offender.

New York Penal Law § 490.15 is a class C felony, which carries a maximum sentence of 15 years in prison. However, the sentence can vary depending on the circumstances of the case, such as the nature and extent of the support provided, the defendant's criminal history, and the harm caused by the defendant's actions. In addition to imprisonment, a defendant may also face fines and other penalties, such as forfeiture of assets. It's important to note that a conviction for providing material support to a foreign terrorist organization can have severe consequences on a person's future, including restrictions on travel, employment opportunities, and more.

If you are facing charges under New York Penal Law § 490.15, it is essential to seek legal representation from an experienced New York criminal lawyer who can help you understand the charges against you and develop a strong defense strategy tailored to your specific situation. They can also work to negotiate with prosecutors and seek reduced charges or penalties, or even dismissal of the charges altogether. 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.