118 STAT. 3761 PUBLIC LAW 108–458—DEC. 17, 2004 Subtitle G—Providing Material Support to Terrorism SEC. 6601. SHORT TITLE. This subtitle may be cited as the ‘‘Material Support to Ter- rorism Prohibition Enhancement Act of 2004’’. SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION. Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section: ‘‘§ 2339D. Receiving military-type training from a foreign ter- rorist organization ‘‘(a) OFFENSE.—Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organiza- tion (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— ‘‘(1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigra- tion and Nationality Act); ‘‘(2) an offender is a stateless person whose habitual resi- dence is in the United States; ‘‘(3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; ‘‘(4) the offense occurs in whole or in part within the United States; ‘‘(5) the offense occurs in or affects interstate or foreign commerce; or ‘‘(6) an offender aids or abets any person over whom juris- diction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a). ‘‘(c) DEFINITIONS.—As used in this section— ‘‘(1) the term ‘military-type training’ includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infra- structure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including Material Support to Terrorism Prohibition Enhancement Act of 2004. 18 USC 2331 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00295 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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