Summary of the Introduced Bill

HB 1183 -- Anti-Terrorism

Sponsor:  Gaskill

This bill establishes the Anti-Terrorism Act.  It creates crimes
related to terrorism and makes various revisions to sections
dealing with criminal procedure.

TERRORISM - FIRST DEGREE

The bill defines the crime of terrorism in the first degree as
knowingly committing, attempting to commit, or conspiring to
commit a specified felony offense with the intent to intimidate
or coerce civilians, influence government policy through
intimidation or coercion, or affect the function of government by
murder, assassination, or kidnaping.  Terrorism in the first
degree enhances the penalty for the underlying felony by one
classification.  When the underlying felony is murder, the
penalty is death or life imprisonment without parole; if the
underlying felony is another class A felony, the penalty is life
or life without parole; if the underlying felony is a
non-classified felony, the penalty is 10-30 years imprisonment or
life without parole.  These penalties are in addition to any
punishment allowed for the underlying felony offenses.

TERRORISM - SECOND DEGREE

Terrorism in the second degree is defined as knowingly
committing, attempting to commit, or conspiring to commit a
specified misdemeanor with the intent to intimidate or coerce
civilians or influence government policy through intimidation or
coercion.  The punishment for terrorism in the second degree is a
class C felony, in addition to any punishment allowed for the
underlying misdemeanor.

SOLICITING AND SUPPORTING TERRORISM

The crime of soliciting or providing support for an act of
terrorism is defined as knowingly raising, soliciting, or
providing material support or resources with the intent that the
material, support, or resources are to be used to plan, prepare,
carry out, or aid an act of terrorism or the concealment of or
escape from an act of terrorism.  The punishment is a felony with
imprisonment for 25 years.

MAKING A TERRORISTIC THREAT - FIRST DEGREE

The bill creates the crime of making a terroristic threat in the
first degree.  It is defined as knowingly communicating a threat
to commit a felony, knowingly making a false report concerning
the commission of a felony, or knowingly causing a felony to be
committed with the intent to intimidate or coerce civilians,
influence government policy through intimidation or coercion, or
affect the conduct of government through murder, assassination,
or kidnaping and causing the evacuation or closure of any
building.  The penalty is a class C felony.

MAKING A TERRORISTIC THREAT - SECOND DEGREE

The bill creates the crime of making a terroristic threat in the
second degree.  It is defined as causing the evacuation or
closure of a building or transportation facility, communicating a
threat to commit a felony, making a false report concerning the
commission of a felony or the occurrence of a catastrophe, or
causing the commission of a felony that requires the evacuation
of a building.  The penalty for making a terroristic threat in
the second degree is a class D felony.

VICTIM TAMPERING

The bill creates the crime of victim tampering, which is defined
as dissuading a victim of a crime or someone acting on their
behalf from reporting victimization to authorities, pursuing
prosecution, or seeking the arrest of an offender.  The penalty
is a class A misdemeanor, unless the original charge was a
felony, in which case it is a class D felony.  If the original
charge was terrorism in the first or second degree, the penalty
is a class B felony, without the possibility of parole.

CRIMINAL PROCEDURE

The bill adds terrorism in the first degree when the underlying
felony is first degree murder to certain criminal procedure
statutes, including sections dealing with appeals by the state
taken directly to the Supreme Court, venue for homicide trials,
joinder of homicide offenses, and procedure in murder trials.
First degree terrorism where the underlying felony is first
degree murder is also listed as an aggravating circumstance in
murder trials where the death penalty is authorized.

ADMINISTRATION OF JUSTICE

The bill enhances the penalty for concealing an offense,
hindering prosecution, permitting escape, tampering with physical
evidence, tampering with a witness, and disturbing a judicial
proceeding concealing offense when the underlying prosecution is
for a felony offense and when the underlying prosecution is for
first or second degree terrorism.

Copyright (c) Missouri House of Representatives

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Missouri House of Representatives
Last Updated October 11, 2002 at 9:00 am