Anti-Terrorism Act of 2001
| Company type | State legislation |
|---|---|
| Industry | Law enforcement, Criminal justice |
| Founded | September 17, 2001 in New York, United States |
| Founder | New York State Legislature |
| Headquarters | Albany , United States |
| Products | Criminal statutes related to terrorism offenses in New York State |
The Anti-Terrorism Act of 2001 (S. 70002, 194th Leg., 2d Spec. Sess., 2001 N.Y. Laws Ch. 300) is a New York State criminal statute enacted in the aftermath of the September 11 attacks. This legislation established Article 490 (§ 490.00 et seq.) within the New York State Penal Law, specifically addressing offenses related to terrorism. Introduced and approved during a special legislative session held on September 17, 2001, it was signed into law by Governor George Pataki on the same day.
Newly established terrorism offenses
The Act introduced six distinct crimes associated with terrorism:
- Soliciting or providing support for terrorism in the second degree, classified as a class D felony (§ 490.10)
- Soliciting or providing support for terrorism in the first degree, classified as a class C felony (§ 490.15)
- Making a terroristic threat, classified as a class D felony (§ 490.20)
- Crime of terrorism (§ 490.25)
- Hindering prosecution of terrorism in the second degree, classified as a class C felony (§ 490.30)
- Hindering prosecution of terrorism in the first degree, classified as a class B felony (§ 490.35)
Solicitation or provision of support for terrorism
Under sections 490.10 and 490.15, it is unlawful to intentionally offer or seek "material support or resources" for terrorist activities, encompassing financial aid, training, logistical assistance, personnel, or weaponry. When such support exceeds $1,000 in value, the offense escalates to first-degree status.
Terroristic threat-making
Section 490.20 defines making a terroristic threat as a felony offense when the threat "creates a reasonable expectation or fear of imminent commission." A charge under this provision may be made even if the individual lacks both intention and capacity to execute the threatened act.
Crime of terrorism
Section 490.25 does not establish an independent offense but permits certain felonies to be prosecuted as crimes of terrorism when committed with specific intent. A "crime of terrorism" occurs when an enumerated offense is carried out with the purpose of intimidating or coercing civilians, influencing government policy, or impacting governmental actions through acts such as murder, assassination, or kidnapping.
The term “specified offense” includes non-drug-related class A felonies, violent felonies, second-degree manslaughter, and first-degree criminal tampering. To secure a conviction under this section, both the underlying crime and the terrorist intent must be demonstrated. Sentencing enhancements apply accordingly: class C, D, or E felonies are increased by one class; class B felonies are elevated to class A-I; and class A-I felonies carry a mandatory life sentence without parole.
Obstruction of terrorism prosecution
Sections 490.30 and 490.35 broaden existing hindering prosecution statutes to encompass terrorism-related cases. Generally categorized as a class C felony—upgraded from the previous class D classification—hindering prosecution involving terrorism is subject to more severe penalties. If the underlying terrorist act results in death, obstruction is considered a class B felony.
Legislative background
In response to the events of September 11, Governor George Pataki called a special session of the New York State Legislature on September 16, 2001. The following day, three bills including the Anti-Terrorism Act of 2001 were introduced and swiftly passed by both legislative chambers before being signed into law.
Senate Bill 70002, sponsored by Senator Michael Balboni, received overwhelming support with votes of 53–1 in the Senate and 131–6 in the Assembly. This statute addressed the recent terrorist attacks affecting New York and filled gaps left by the absence of state-level anti-terrorism laws. Senator Balboni highlighted the necessity for comprehensive state legislation to complement federal measures and ensure accountability for terrorists and their affiliates. Earlier that year in June 2001, Balboni had proposed a similar bill (Senate Bill 05646) which passed in the Senate but stalled in the Assembly. Following enactment of this law, Assembly Speaker Sheldon Silver acknowledged concerns it might represent "overkill," yet underscored its significance as a demonstration of unified political determination.
Definition of "terrorism" in the Act
The Anti-Terrorism Act characterizes an “act of terrorism” as a particular violent felony carried out with the purpose to: (i) intimidate or coerce the civilian population; (ii) influence government policy through intimidation or coercion; or (iii) alter government actions by means of murder, assassination, or kidnapping. Additionally, the statute penalizes terroristic threats that provoke a reasonable apprehension of imminent terrorist activity. This expansive definition encompasses a variety of violent offenses under terrorism laws, thereby broadening prosecutorial authority beyond conventional terrorism cases.
Offenses intended to intimidate or coerce civilians
In its sole ruling on the statute, the New York Court of Appeals narrowed the Anti-Terrorism Act’s application by overturning a terrorism conviction related to a gang-motivated homicide. The Court emphasized that the Act was established post-9/11, referencing specific terrorist incidents such as the Oklahoma City bombing, 1998 United States embassy bombings, and Pan Am Flight 103, concluding that gang-related violence does not fall within the legislative intent:
Applying an overly broad interpretation to “intent to intimidate or coerce a civilian population” would allow prosecutors to label every conflict between gangs or organized crime factions as “terrorism.” However, terrorism carries a distinct meaning and risks dilution if used indiscriminately.[1]
While gang-related violence is excluded from this scope, terrorism charges do not require large-scale violence. For instance, the 1994 Brooklyn Bridge attack, which resulted in one fatality and three injuries, is recognized as a terrorist act in legislative records. In 2012, an individual was charged for planning assaults on religious gatherings and subsequently pled guilty. In 2019, James Jackson admitted guilt to first-degree murder classified as a terrorism offense after killing Timothy Caughman with the intent to provoke racial conflict.[2]
Offenses aimed at influencing government policy or actions
Appellate courts have determined that violent threats directed at government officials with the goal of altering policy—such as threatening a Governor’s life unless a detainee was freed, threatening a District Attorney and their family to drop charges, or threatening social service workers unless enforcement policies were changed—qualify as terroristic threats. Conversely, threats lacking explicit governmental objectives, including shooting at a police station or killing a judge without policy demands, were not deemed terroristic threats.
Amendments to the legislation
In 2004, amendments to Penal Code Article 490 expanded its scope to cover crimes involving chemical and biological weapons. The revisions also addressed hoaxes and threats related to such weapons, extended the statute of limitations for terrorism offenses, and introduced provisions against “money laundering for terroristic purposes” with increased penalties. These changes supplemented but did not modify the original framework of Article 490.
Significant convictions
Although enacted years ago, most major terrorist incidents in New York have been prosecuted under federal jurisdiction, including the Times Square attempted car bombing (2010), Westside Highway attack (2017), and Chelsea bombing (2016).
The earliest successful conviction under the Anti-Terrorism Act occurred in 2005 when Donald Jenner was found guilty of making terroristic threats against employees of Madison County Department of Social Services.
New York City’s inaugural terrorism conviction took place in 2012 when Ahmed Ferhani pled guilty to possession of weapons and a hand grenade connected to a synagogue attack plot.
The first murder conviction classified as a terrorism offense happened in 2019 when James Jackson admitted guilt for murder charged both as a hate crime and under terrorism statutes.