New Jersey Section 2C:38-5 – Soliciting or providing material support or resources for terrorism

New Jersey’s Law on Supporting Terrorism – What You Need to Know

New Jersey has a specific law that makes it illegal to provide support or resources to commit terrorism. This law, called Section 2C:38-5, is part of New Jersey’s criminal code. It’s important for citizens to understand what this law says and what kinds of actions it prohibits. In this article, we’ll break down the key parts of the law so you can be informed.

What Does the Law Say?

The full title of the law is “Soliciting or Providing Material Support or Resources for Terrorism.” It makes it a serious crime to give any kind of support that you know will be used to help commit terrorist acts.

Some key points:

• You don’t have to actually commit a terrorist act yourself to be charged under this law. Even providing minor support or resources can be illegal.
• The law applies to supporting both domestic and international terrorism.
• “Material support or resources” is defined very broadly. It includes things like money, training, weapons, or even your personal services.
• You have to know or intend that what you’re providing will be used for terrorism. If you didn’t realize, it’s not a crime under this specific law.
• The penalties are severe – up to 20 years in prison and a fine up to $250,000.

What Does This Law Prohibit?

Because “material support or resources” is defined so broadly, Section 2C:38-5 prohibits a wide range of activities. Here are some examples of what could be illegal:

• Giving money to an organization you know is a terrorist group
• Letting a terrorist organization use your home or property
• Providing weapons or ammunition to terrorists
• Teaching terrorists how to build bombs or use weapons
• Recruiting people to join a terrorist organization
• Offering your services or expertise to help terrorists, like medical aid, accounting, or technical advice

Basically, any support that intentionally helps terrorists commit attacks or build their organizations can be prosecuted under this law. You don’t actually have to plan or carry out violence yourself.

What Are Some Legal Defenses?

If you are accused of violating Section 2C:38-5, there may be defenses your attorney can use:

• You didn’t actually provide support. If the charges are false or exaggerated, your lawyer can argue you never gave any material support to terrorists.
• You didn’t know it would aid terrorism. If you genuinely didn’t realize the money, resources, etc would be used for terrorism, you aren’t guilty under this specific law. Your attorney will need to convince the jury you had no idea.
• Your support was given under duress. If you were threatened or coerced into providing the support, that can potentially be a defense. But you’ll need evidence of the threats against you.
• The law is unconstitutional. Some legal experts argue this law is too broad and violates the First Amendment right to freedom of association. But this argument hasn’t succeeded in court yet.
• You were entrapped. If police pressured you into committing a crime you otherwise wouldn’t have, your lawyer can argue entrapment. This is difficult to prove, though.

Examples of Prosecutions Under This Law

Section 2C:38-5 was used to prosecute these real terrorism cases in New Jersey:

• In 2015, Tairod Pugh was convicted of trying to provide material support to ISIS. Prosecutors said he researched how to join the terrorist group and bought a plane ticket to travel overseas to join. He got 35 years in prison.
• In 2010, Mohamed Alessa and Carlos Almonte were arrested at JFK Airport. The FBI said they were trying to travel to join the Al-Shabaab terrorist group. They pleaded guilty to material support charges and were sentenced to decades in prison.
• In 2015, Samuel Rahamin Topaz was arrested for funneling money to a member of the Hamas terrorist organization. He pleaded guilty to material support charges and was sentenced to 5 years in prison.

As you can see, New Jersey prosecutors take Section 2C:38-5 very seriously and aggressively go after people who provide aid to terrorists. The consequences are severe if convicted.

Final Thoughts

New Jersey’s law prohibiting material support for terrorism casts a wide net over activities that assist terrorist organizations and attacks. While the goal is protecting national security, some argue the broad definition of “support” infringes on Constitutional freedoms. But after 9/11, most states passed laws like Section 2C:38-5 to give law enforcement more tools to prevent terrorism.

If you’re ever questioned or charged under this law, be sure to invoke your right to an attorney immediately. An experienced criminal defense lawyer can properly evaluate the evidence against you and build a strong defense if you truly did not knowingly support terrorism. But take the charges seriously, because prosecutors and courts certainly do.

I hope this overview was helpful for understanding New Jersey’s law banning support for terrorism. Let me know if you have any other questions!