How Individual States Have Criminalized Terrorism

Thirty-four states and the District of Columbia have their own anti-terrorism laws.

NORTH CHARLESTON, SC - JUNE 19:  In this image from the video uplink from the detention center to the courtroom, Dylann Roof leaves a hearing at Centralized Bond Hearing Court June 19, 2015 in North Charleston, South Carolina. Roof is charged with nine counts of murder and firearms charges in the shooting deaths at Emanuel African Methodist Episcopal Church in Charleston, South Carolina on June 17. (Photo by Grace Beahm-Pool/Getty Images)
An image from a video uplink shows Dylann Roof leaving a hearing in North Charleston, S.C., on June 19, 2015. Photo: Grace Beahm, Pool/Getty Images

The U.S. Department of Justice most often brings terrorism-related charges, but 34 states and the District of Columbia have enacted laws that make committing acts of terrorism — and, in some cases, providing support to terrorists — state-level felonies.

Most of these laws were created in response to the 9/11 attacks. In all, 27 states passed anti-terrorism legislation in 2002.

In some states, terrorism is vaguely defined. Arkansas outlaws “terroristic acts” but does not say that such acts must be ideologically motivated, a requirement under the federal terrorism law. Maine prohibits what lawmakers term a “catastrophe” of “terroristic intent,” which can include releasing a chemical or biological toxin or causing an explosion, fire, flood, building collapse, or even an avalanche.

Since 9/11, state lawmakers have continued to be reactionary in drafting and amending anti-terrorism laws. Georgia created a law in 2017 to define “domestic terrorism” following Dylann Roof’s mass shooting at a black church in South Carolina. After Omar Mateen’s massacre at Pulse nightclub in Orlando, Florida, lawmakers amended the state’s 2002 anti-terrorism law to strengthen criminal penalties for acts of terrorism, adding a life sentence for terrorists whose violence results in death, among other changes. Kentucky and Michigan provide even harsher penalties: life in prison for anyone convicted of committing an act of terrorism.

Here’s a look at anti-terrorism laws in the 50 states and the District of Columbia:

State Description Year Statute Code
al

Alabama

Alabama’s law defines terrorism in terms similar to the USA Patriot Act and provides a sentencing enhancement for terrorism-related crimes. 2002 § 13A-10-154
ak

Alaska

Alaska’s law prohibits sending and threatening to use bacteriological, biological, chemical, or radiological weapons. 2002 § 11.56.807
az

Arizona

Arizona’s law prohibits vaguely defined acts of terrorism, providing support for terrorists, the use of weapons of mass destruction, and threats to use weapons of mass destruction. 2002 § 13-2308.01
ar

Arkansas

Arkansas’s law outlaws so-called terroristic acts, which do not require an ideological motivation. 2005 § 5-13-310
ca

California

California’s law prohibits the use of and threats to use weapons of mass destruction. 2002 § 11415
co

Colorado

Colorado does not have an anti-terrorism law. N/A N/A
ct

Connecticut

Connecticut’s law prohibits building chemical, biological, and radiological weapons. It also defines various crimes of “terrorist purposes,” such as computer hacking, contaminating water or food supplies, and damaging public transit systems. 2002 § 53a-300-304
de

Delaware

Delaware does not have an anti-terrorism law. N/A N/A
dc

District of Columbia

Washington, D.C.’s law specifies penalties for acts of terrorism involving murder, manslaughter, kidnapping, arson, and assault. 2002 § 22–3153
fl

Florida

Florida’s law, amended following the Pulse nightclub shooting in 2016, defines terrorism in terms similar to the USA Patriot Act. It also criminalizes providing material support to terrorists. 2002 § 775.30-35
ga

Georgia

Georgia’s law, enacted following Dylann Roof’s mass shooting at a black church in South Carolina, defines domestic terrorism as any felony intended to intimidate civilians or coerce the government. 2017 § 16-11-220-224
hi

Hawaii

Hawaii does not have an anti-terrorism law. N/A N/A
id

Idaho

Idaho does not have an anti-terrorism law. N/A N/A
il

Illinois

Illinois’s law defines terrorism as any act intended to intimidate or coerce the civilian population. 2002 § 720-5
in

Indiana

Indiana’s law prohibits using or transferring another person’s identifying information for use in an act of terrorism and prohibits using weapons of mass destruction. 2002 § 35-47-12-1
ia

Iowa

Iowa’s law designates acts of terrorism and providing material support to terrorists as felonies punishable by up to 50 years in prison. 2002 § 708A
ks

Kansas

Kansas’s law defines terrorism as any felony intended to intimidate civilians or influence government. 2010 § 21-5421
ky

Kentucky

Kentucky’s law defines terrorism as violent acts intended to intimidate civilians or influence government, and provides a penalty of life in prison. 2018 § 525.045
la

Louisiana

Louisiana’s law defines a number of crimes, such as murder and kidnapping, as terrorism if the intent is to intimidate civilians or influence government. 2002 § 14:128.1
me

Maine

Maine’s law prohibits a “catastrophe” of “terroristic intent,” such as an explosion, fire, flood, avalanche, building collapse, or release of chemical or biological toxins. 2002 § 803-A
md

Maryland

Maryland does not have an anti-terrorism law. N/A N/A
ma

Massachusetts

Massachusetts’s law prohibits developing, acquiring, or transporting biological, chemical, or nuclear weapons. 2002 266 § 102C
mi

Michigan

Michigan’s voluminous law defines terrorist organizations as those designated by the U.S. State Department; provides a life sentence for terrorist acts that result in death; and prohibits providing material support to terrorists. 2002 § 750.543
mn

Minnesota

Minnesota’s law prohibits using weapons of mass destruction. 2002 § 609.712
ms

Mississippi

Mississippi does not have an anti-terrorism law. N/A
mo

Missouri

Missouri’s law prohibits providing material support to any designated foreign terrorist organization. 2002 § 576.080
mt

Montana

Montana does not have an anti-terrorism law. N/A N/A
ne

Nebraska

Nebraska does not have an anti-terrorism law. N/A N/A
nv

Nevada

Nevada’s law prohibits acts of terrorism and providing material support to terrorists. 2003 § 202.445
nh

New Hampshire

New Hampshire does not have an anti-terrorism law. N/A N/A
nj

New Jersey

New Jersey’s law prohibits acts of terrorism and providing material support to terrorists. 2002 § 2C:38-2
nm

New Mexico

New Mexico does not have an anti-terrorism law. N/A N/A
ny

New York

New York’s law defines a number of crimes, such as murder and kidnapping, as terrorism if the intent is to intimidate civilians or influence government. 2002 § 490.00-70
nc

North Carolina

North Carolina’s law prohibits using weapons of mass destruction. 2001 § 14-288.21-24
nd

North Dakota

North Dakota does not have an anti-terrorism law. N/A N/A
oh

Ohio

Ohio’s law defines a number of crimes, such as murder and kidnapping, as terrorism if the intent is to intimidate civilians or influence government. 2002 § 2909.22
ok

Oklahoma

Oklahoma’s law defines all acts of terrorism as felonies and prohibits chemical, biological, and nuclear weapons material. It also prohibits providing financial support to terrorists. 2002 § 21-1268.5
or

Oregon

Oregon does not have an anti-terrorism law. N/A N/A
pa

Pennsylvania

Pennsylvania’s law defines terrorism as crimes intended to intimidate civilians or influence government. 2002 § 2717
ri

Rhode Island

Rhode Island does not have an anti-terrorism law. N/A N/A
sc

South Carolina

South Carolina’s law prohibits using weapons of mass destruction. 2002 § 16-23-715
sd

South Dakota

South Dakota’s law defines terrorism as any use of chemical, biological, radioactive, or explosive weapons intended to intimidate civilians or influence government. 2002 § 22-8-12
tn

Tennessee

Tennessee’s law prohibits using weapons of mass destruction. 2002 § 39-13-801
tx

Texas

Texas does not have an anti-terrorism law. N/A N/A
ut

Utah

Utah’s law prohibits “threats of terrorism” intended to intimidate civilians or influence government. 2002 § 76-5-107.3
vt

Vermont

Vermont’s law, amended in 2018 following the failed prosecution of a man who was planning a school shooting, defines domestic terrorism and prohibits using weapons of mass destruction. 2002 § 1703
va

Virginia

Virginia’s law establishes a minimum punishment of 20 years in prison for committing an act of terrorism or providing support to terrorists. 2002 § 18.2-46.5
wa

Washington

Washington’s law defines placing a bomb with intent to commit a terrorist act as “malicious placement of an explosive.” 1997 § 70.74.270
wv

West Virginia

West Virginia’s law establishes a minimum punishment of one year in prison for threatening to commit a terrorist act. 2001 § 61-6-24
wi

Wisconsin

Wisconsin does not have an anti-terrorism law. N/A N/A
wy

Wyoming

Wyoming does not have an anti-terrorism law. N/A N/A

Sources: National Conference of State Legislatures, Justia

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