AN ACT TO CREATE THE CRIMINAL OFFENSE OF TERRORISM. Summarized in Daily Bulletin 2/21/11, 4/5/11, and 6/5/12. Enacted June 20, 2012. Effective December 1, 2012.
Summary date: Jun 21 2012 - View summary
Summary date: Jun 5 2012 - View summary
Senate committee substitute makes the following changes to 2nd edition.
Previous edition included continuing criminal enterprise in proposed GS 14-10.1 (previously designated as GS 14-50.2), which creates the separate offense of terrorism, and made a violation of that statute a Class D felony if based on a continuing criminal enterprise. Proposed new edition removes the references to continuing criminal enterprise from GS 14-10.1 and instead amends GS 14-7.20 (continuing criminal enterprise) as follows. Enacts new subsection (a1) to make any person engaging in a continuing criminal enterprise, who commits a violation of GS 14-10.1 (terrorism), punished as a Class D felon and subject to forfeiture under GS 14-7.20(b). Makes conforming, organizational, and clarifying changes. Changes the act’s effective date to apply to offenses committed on or after December 1, 2012 (was, December 1, 2011).
Summary date: Apr 5 2011 - View summary
House committee substitute makes the following changes to 1st edition.
Deletes the provisions, as organized in the previous edition, and replaces with the following provisions. Enacts new Article 2D, Terrorism, in GS Chapter 14. Defines act of violence as murder in the first or second degree, manslaughter, any felony offense in GS Chapter 14 including an assault or use of violence or force, any felony offense including the threat or use of any explosive or incendiary device, or any offense including the threat or use of a nuclear, biological, or chemical weapon of mass destruction. Specifies that continuing criminal enterprise is defined in GS 14-7.20(c). Makes a person guilty of the separate offense of terrorism if the person commits an act of violence or is engaged in a continuing criminal enterprise with the intent to: (1) intimidate the civilian population at large, or an identifiable group of the civilian population or (2) influence, through intimidation the conduct or activities of the U.S. government, a state, or any local government. Makes the offense of terrorism a felony punishable (1) one class higher than the underlying offense, except that a violation is a Class B1 felony if the underlying offense is a Class B1 or Class A felony or (2) as a Class D felony if the violation is based on continuing criminal enterprise. Specifies that each offense is separate from the underlying offense, and does not merge. Makes a person who causes or attempts to cause another to participate in an act of terrorism guilty of a Class D felony. Provides that all real and personal property used, or intended for use, derived from, or realized through a violation of proposed Article 2D is subject to legal seizure and forfeiture, as specified. Includes whereas clauses. Applies to offenses committed on or after December 1, 2011.
Summary date: Feb 21 2011 - View summary
Amends GS Chapter 14 by creating new Article 36C, entitled Terrorism, enacting GS 14-288.25 through GS 14-288.29. Defines an act of terrorism as an act of violence committed with the intent to intimidate the civilian population at large or to influence, through intimidation, the conduct or activities of the government of the United States, a state, a county, or a city. New GS 14-288.26 makes it a Class B1 felony to commit or conspire to commit, or aid and abet the commission of an act of terrorism if the base offense of the act is a Class B1 or Class A felony. Also makes it a Class C felony to commit or conspire to commit or aid and abet the commission of an act of terrorism if the base offense is a Class B2 felony or a lesser offense. It is a Class D felony to solicit, invite, recruit, encourage, or otherwise cause or attempt to cause another to participate in an act of terrorism. New GS 14-288.27 makes it a violation of new GS 14-288.26 to recklessly assist, or provide land or other resources or aid in the training of anyone intending to commit an act of terrorism. New GS 14-288.28 sets forth the factors that may constitute probable cause for search and seizure of the evidence of criminal activity related to unlawful paramilitary activity, acts of terrorism, or a continuing criminal enterprise within a closed community compound, which is defined in new GS 14-288.25(4) as a community with limited public access reputed to be bound together by a common purpose or ideology. New GS 14-288.29 provides that all real and personal property used, or intended for use, derived from or realized through a violation of new Article 36C is subject to legal seizure and forfeiture. Applies to offenses committed on or after December 1, 2011.