18 U.S.C. § 2339D – Receiving Military-Type Training From a Foreign Terrorist Organization
This law makes it a federal crime to knowingly receive military-type training from, or on behalf of, a designated foreign terrorist organization (FTO).
This statute targets the trainee, not the organization. It fills a gap left by other material support laws by criminalizing the act of receiving terrorist training itself.
Core prohibited conduct.
A person violates this statute if they:
- Knowingly receive military-type training
- From or on behalf of a designated foreign terrorist organization
The defendant must know that the organization:
- Is designated as a foreign terrorist organization, or
- Engages in terrorist activity or terrorism
No terrorist attack, attempt, or conspiracy is required. The offense is complete once the training is knowingly received.
What qualifies as “military-type training.”
The definition is intentionally broad and includes training in:
- Weapons, explosives, firearms, or weapons of mass destruction
- Tactics capable of causing death or serious bodily injury
- Methods to destroy property or disrupt services
- Attacks on or disruption of critical infrastructure
This includes instruction related to energy systems, transportation networks, financial systems, telecommunications, and emergency services.
Extraterritorial reach.
Federal jurisdiction applies even when the training occurs outside the United States. Jurisdiction exists if:
- The defendant is a U.S. citizen or lawful permanent resident
- The defendant is later found in or brought to the United States
- The conduct occurs in whole or in part in the U.S.
- The conduct affects interstate or foreign commerce
This allows prosecution long after the training has occurred.
Penalties.
- Up to 10 years in federal prison
- Fines under Title 18
Attempts, conspiracies, and aiding or abetting are treated the same as completed offenses.
Why this statute matters.
Section 2339D is often charged alongside § 2339B and conspiracy statutes. It allows prosecutors to bring terrorism charges even when there is no proof of material support, funding, or completed violence.
If you are under investigation for terrorism-related training, overseas activity, or federal national security offenses, call (314) 900-HELP or contact our federal criminal defense attorneys immediately.
