Domestic Terrorism: Overview of Federal Criminal Law and Constitutional Issues

Federal statute defines domestic terrorism to include dangerous criminal acts intended to intimidate or coerce a civilian population or to influence or affect government policy or conduct within the jurisdiction of the United States. Despite the federal statutory definition, no federal criminal provision expressly prohibits "domestic terrorism." Nevertheless, numerous federal statutes offer prosecutors options in charging violent and destructive conduct consistent with the statutory definition of domestic terrorism. Some of these statutes can be characterized as expressly focused on terrorism, listing criminal offenses to include, among others, providing material support or resources to terrorists and engaging in terrorism transcending domestic boundaries. Other generally applicable federal criminal laws may also be relevant to domestic terrorism prosecutions. For example, depending on the defendant's motive, target, or means, various federal criminal statutes protecting certain property or persons, prohibiting violence motivated by particular biases, or criminalizing possession or use of specific weapons may apply. Depending on the circumstances, prosecutors may also rely on accomplice liability or inchoate offenses such as attempt, conspiracy, or solicitation to charge conduct consistent with the definition of domestic terrorism. Beyond applicable offenses, domestic terrorism may be relevant in federal sentencing, either through specific statutes that authorize additional penalties in the domestic terrorism context or through the United States Sentencing Guidelines, which include an upward adjustment for offenses connected to terrorism.