18 U.S.C. § 2339A – Providing Material Support to Terrorists
Section 2339A criminalizes providing material support or resources when the defendant knows or intends that the support will be used to prepare for, carry out, or escape from a long list of specific terrorism-related offenses.
This is an act-focused statute. It does not require proof that the terrorist act was completed—or even attempted—only that the support was given with the required mental state.
Core prohibited conduct.
The statute covers two main behaviors:
- Providing material support or resources
- Concealing or disguising the nature, source, location, or ownership of that support
The government must tie that support to preparation for, commission of, or escape from one of the enumerated terrorism offenses (including WMDs, bombings, hostage-taking, torture, genocide, and major transportation attacks).
Mental state matters a lot here.
The prosecution must show the defendant:
- Knew the support would be used for a listed terrorism offense, or
- Intended that it be used for that purpose
Unlike § 2339B, this statute does not require the recipient to be a designated terrorist organization.
Penalties.
- Up to 15 years in prison
- Fine under Title 18
- Life imprisonment if a death results
Attempts and conspiracies carry the same exposure.
Venue is flexible.
Prosecution may occur:
- Where the underlying terrorism offense occurred, or
- In any federal district otherwise authorized by law
This gives prosecutors wide latitude in complex, multi-district cases.
Definitions do the heavy lifting.
“Material support or resources” is defined extremely broadly and includes:
- Money, financial services, and securities
- Lodging, transportation, and safehouses
- Training and expert advice or assistance
- False documents, IDs, communications equipment
- Weapons, explosives, lethal substances
- Personnel (including oneself)
Only medicine and religious materials are explicitly excluded.
Why this statute shows up so often.
Section 2339A acts as a bridge charge. Prosecutors use it when they cannot prove direct participation in a terrorist act but can prove logistical, financial, or operational support tied to terrorism planning.
In practice, this statute is frequently charged alongside conspiracy counts and often precedes or substitutes for § 2339B.
If you are being investigated or charged with providing material support to terrorism, call (314) 900-HELP or
contact our criminal defense attorneys to discuss your options.
