Criminal Defense Lawyers

How Do Illinois’ Sentencing Guidelines Treat Terrorism Offenses?

Illinois takes terrorism offenses very seriously and has established strict sentencing guidelines for those convicted of terrorism-related crimes. The state’s laws provide enhanced penalties for acts of terrorism with the goal of protecting citizens and punishing those who seek to intimidate or coerce through violence or the threat of violence.

Definition of Terrorism Under Illinois Law

Before diving into the specific sentencing provisions, let’s first look at how Illinois law defines terrorism. The Illinois Criminal Code states that a person commits the offense of terrorism if they knowingly commit a “terrorist act”, which is defined as any act that:

1. Is intended to intimidate or coerce a significant portion of the civilian population, or
2. Is intended to influence the policy of a government by intimidation or coercion, and
3. Is intended to cause death or great bodily harm, or causes substantial property damage.1

Some examples of acts that could potentially qualify as terrorism under this definition include:

• Detonating a bomb or explosive device in a public place with the intent to cause widespread fear
• Threatening to release a biological weapon if certain political demands are not met
• Hacking into a government computer system in an attempt to shut down critical infrastructure

So in short, any violent or threatening act done with the motive of intimidating the public or influencing government policy could be charged as terrorism in Illinois. The definition is quite broad.

Penalties for Terrorism Offenses

Now, let’s look at how harshly Illinois punishes those convicted of terrorism. The baseline sentence for the offense of terrorism is a term of 20 years to natural life in prison.2 If no deaths are caused by the terrorist act, the minimum sentence is 20 years. However, if the act results in any loss of life, the sentence becomes a mandatory term of natural life in prison.2 To put this in perspective, this means that even if a terrorist act does not directly kill anyone, the offender is still looking at a minimum of 20 years behind bars. And if the act does claim lives, the offender will spend the rest of their life in prison with no chance of parole. These are very severe penalties. Additionally, terrorism is categorized as a Class X felony, the most serious level of felony offense in Illinois.2 Those convicted of Class X felonies are not eligible for probation – a prison sentence is mandatory.3 There is no opportunity for a lighter punishment.Some other important things to note about Illinois’ treatment of terrorism offenses:

• Conspiracy to commit terrorism is punished just as harshly as committing a terrorist act itself. If two or more people conspire to commit terrorism, and one of them commits an overt act in furtherance of the conspiracy, they can all be sentenced as if they had carried out the terrorist act.4
• Providing “material support” for terrorism is also a serious felony offense. This covers things like providing money, transportation, weapons, or training to terrorists or terrorist organizations. Material support offenses carry a possible prison term of 9-40 years.5
• There is no statute of limitations for terrorism crimes in Illinois.6 A person can be prosecuted for a terrorist act no matter how much time has passed since the offense.

Sentencing Enhancements and Aggravating Factors

On top of the already stringent baseline penalties for terrorism, Illinois law provides for additional sentencing enhancements and aggravating factors that can increase the punishment even further in certain cases. One major aggravating factor is if the terrorism offense results in a death. As mentioned above, this elevates the mandatory minimum sentence to natural life in prison.2 But even if no deaths occur, there are other circumstances that can lead to an extended term sentence beyond the standard range. For example, the following are some aggravating factors that could increase the sentencing range for terrorism:

• The defendant has a prior conviction for terrorism or a terrorism-related offense7
• The offense involved the use of a firearm8
• The offense was committed in a school, place of worship, or other public gathering place8
• The offense involved the use of a deadly substance, such as a chemical or biological weapon9

If any of these factors are present, the judge has the discretion to impose an extended term sentence beyond the standard range for a Class X felony. An extended term sentence for terrorism could be as high as 60-100 years in prison.10

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2024-03-18

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Applicability of General Sentencing Provisions

It’s important to note that Illinois’ general felony sentencing provisions and guidelines still apply to terrorism offenses, except where the specific terrorism statutes provide otherwise. This means that the court will consider the same mitigating and aggravating factors that it would for any felony offense when determining the appropriate sentence within the allowable range. Some mitigating factors that could potentially result in a sentence on the lower end of the range include:

• The defendant has no prior criminal history11
• The defendant was a minor participant in the offense11
• The defendant has shown remorse and taken responsibility for their actions11

On the flip side, aggravating factors that could push the sentence toward the higher end include:

• The defendant has an extensive prior criminal record11
• The offense was premeditated and carefully planned out11
• The defendant shows no remorse for their actions11

The judge will weigh all of these case-specific factors, both mitigating and aggravating, to determine the appropriate sentence within the ranges prescribed by the terrorism statutes.

Sentencing Hearings and Victim Impact

In any felony case in Illinois, including terrorism cases, the defendant has the right to a sentencing hearing after being convicted. At this hearing, both the prosecution and defense have the opportunity to present evidence and arguments regarding what they believe the appropriate sentence should be.12 Victims of the offense also have the right to make an impact statement at the sentencing hearing. This allows victims to describe how the offense has affected their lives and express their views on what the sentence should be.13 In terrorism cases, where there are often a large number of victims, the judge will consider the impact on all of the victims when determining the sentence.Here’s an example of how a sentencing hearing might play out in a terrorism case:

Imagine that a defendant has been convicted of detonating a bomb in a crowded public plaza, injuring dozens of people. At the sentencing hearing, the prosecution emphasizes the extensive harm caused by the defendant’s actions and the need to protect the public from future acts of terrorism. They may call victims to testify about how their lives have been impacted. The defense, on the other hand, may try to highlight any mitigating factors, such as the defendant’s young age or lack of prior criminal record. They may argue for a sentence on the lower end of the 20 years to life range. After considering the evidence and arguments from both sides, as well as the victim impact statements, the judge will impose what they feel is an appropriate sentence based on all the circumstances of the case. Given the severity of the offense and harm caused, a sentence of life in prison or a term of years at the higher end of the range is likely.

Comparison to Federal Sentencing Guidelines

It’s worth noting how Illinois’ terrorism sentencing provisions compare to the federal sentencing guidelines for similar offenses. In general, the penalties under Illinois law are quite comparable to the federal guidelines. Under the federal sentencing guidelines, providing material support for terrorism carries a base offense level of 26, which translates to a sentence of 63-78 months in prison for a first-time offender.14 If a dangerous weapon was used, the offense level increases to 34, resulting in a sentence of 151-188 months.14 This is very similar to Illinois’ sentencing range of 9-40 years for material support offenses.5 For the actual commission of a federal crime of terrorism, the sentencing guidelines provide for a minimum offense level of 32 and a criminal history category of VI (the highest level).15 This results in a guideline sentence of 210-262 months for a first-time offender.15 Again, this is in line with Illinois’ 20 year minimum for terrorism offenses.2Of course, the federal guidelines also allow for upward departures in certain cases, such as where the offense resulted in a substantial disruption of government functions or a large number of victims.15 This is similar to how Illinois law provides for extended term sentences in cases with aggravating factors.