ACTS OF TERRORISM AND WEAPONS OF MASS DESTRUCTION

Since 9/11, terrorism has become an ever-present threat to our lives. However, “terrorism” is not an easily defined term or concept. As a result, the laws concerning acts of terrorism are left intentionally vague so that prosecutors can determine when to charge someone on a case-by-vase basis.

What laws regulate Acts of Terrorism?

NRS 202.441 through 202.449 regulate Acts of Terrorism, Weapons of Mass Destruction, Toxins and Hoax Substances.

NRS 202.441 – Definitions.

As used in NRS 202.441 to 202.449, inclusive, unless the context otherwise requires, the words and terms defined in NRS 202.4415 to 202.4445, inclusive have the meanings ascribed to them in those sections.

NRS 202.4415 – “Act of Terrorism” defined.

“Act of Terrorism” means any act that involves the use or attempted use of sabotage, coercion or violence which is intended to:
1. Cause great bodily harm or death to the general population; or
2. Cause substantial destruction, contamination or impairment of:
  1. Any building or infrastructure, communications, transportation, utilities or services; or
  2. Any natural resource or the environment.
As used in this section, “coercion” does not include an act of civil disobedience.

NRS 202.442 – “Biological agent” defined.

“Biological agent” means any microorganism virus, infectious substance or other biological substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated, engineered, processed, extracted or manufactured and which is capable of causing:

Death or substantial bodily harm;
Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or
Substantial damage to natural resources or the environment.

NRS 202.4425 – “Chemical agent” defined.

“Chemical agent” means any chemical substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated engineered, processed, extracted or manufactured and which is capable of causing:

Death or substantial bodily harm;
Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or
Substantial damage to natural resources or the environment.

NRS 202.443 – “Delivery System” defined.

“Delivery System” means any apparatus, equipment, implement, device or means of delivery which is specifically designed to send, disperse, release, discharge or disseminate any weapon of mass destruction, any biological agent, chemical agent, radioactive agent or other lethal agent or any toxin.

NRS 202.4431 – “For use as a weapon” defined.

“For use as a weapon” means having the capability to be used in a harmful or threatening manner.
The term does not include any act that is done lawfully for a prophylactic, protective or peaceful purpose.

NRS 202.4432 – “Hoax substance” defined.

“Hoax substance” means any item that appears to a reasonable person to be a weapon of mass destruction, biological agent, chemical agent, radioactive agent or other lethal agent, any toxin or any delivery system for use as a weapon.

NRS 202.4433 – “Material support” defined.

“Material support” means any financial, logistical, informational or other support or assistance intended to further an act of terrorism.

NRS 202.4435 – “oral, written or electronic communication” defined.

“Oral, written, or electronic communication” includes, without limitation, any of the following:

A letter, note or any other type of written correspondence.
An item of mail or a package delivered by any person or postal or delivery service.
A telegraph or wire service, or any other similar means of communication.
A telephone, cellular phone, satellite phone, pager or facsimile machine, or any other similar means of communication.
A radio television, cable, closed circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.
An audio or video recording or reproduction, or any other similar means of communication.
An item of electronic mail, a computer, computer network or computer system, or any other similar means of communication.

NRS 202.4437 “Radioactive agent” defined.

“Radioactive agent” means any radioactive substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated, engineered, processed, extracted or manufactured and which is capable of causing::

Death or substantial bodily harm;
Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or
Substantial damage to natural resources or the environment.

NRS 202.4439 – “Terrorist” defined.

“Terrorist” means a person who intentionally commits, causes, aids, furthers or conceals an act of terrorism or attempts to commit, cause, aid, further or conceal an act of terrorism.

NRS 202.444 – “Toxin” defined.

“Toxin” means any toxic substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated, engineered, processed, extracted or manufactured and which is capable of causing:

Death or substantial bodily harm;
Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or
Substantial damage to natural resources or the environment.

NRS 202.4445 – “Weapon of mass destruction” defined.

“Weapon of mass destruction” means any weapon or device that is designed or intended to create a great risk of death of substantial bodily harm to a large number of persons.

NRS 202.445 – Acts of terrorism or attempted acts of terrorism prohibited; penalties.

A person shall not knowingly or intentionally commit or cause an act of terrorism or attempt to commit or cause an act of terrorism.
A person shall not knowingly or intentionally:
1. Aid, further or conceal or attempt to aid, further or conceal an act of terrorism;
2. Assist, solicit or conspire with another person to commit, cause, aid, further or conceal an act of terrorism; or
3. Provide material support with the intent that such material support be used in whole or in part, to:
  1. Commit, cause, aid, further or conceal an act of terrorism; or
  2. Aid a terrorist or conceal a terrorist from detection or capture.
A person who violates subsection 1 is guilty of a category A felony and :
Shall be punished by imprisonment:
- 1. For life without the possibility of parole;
  2. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
  3. For a definite term of 50 years, with eligibility for parole beginning when a minimum of 10 years has been served; and
Shall further be punished by a fine of at least $50,000 but not more than $100,000.
A person who violates subsection 2 is guilty of a category A felony and :
Shall be punished by imprisonment:
For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served; and
Shall further be punished by a fine of at least $25,000 but not more than $50,000.
In addition to any other penalty the court shall order a person who violates the provisions of this section to pay restitution:
To each victim for any injuries that are a result of the violation; and
To the State of Nevada or a local government for any costs that arise from the violation.

NRS 202.446 –Certain acts related to weapons of mass destruction, lethal agents, toxins and delivery systems prohibited; penalties.

A person shall not knowingly:
1. Develop, manufacture, produce, assemble, stockpile, transfer, acquire, retain, store, test or possess any weapon of mass destruction, any biological agent, chemical agent, radioactive agent or other lethal agent, any toxin or any delivery system for use as a weapon; or
2. Send deliver, disperse, release, discharge, disseminate or use any weapon of mass destruction, any biological agent, chemical agent, radioactive agent or other lethal agent, any toxin or any delivery system:
  1. With the intent to cause harm, whether or not such harm actually occurs; or
  2. Under circumstances reasonably likely to cause harm, whether or not such harm actually occurs.
A person shall not knowingly:
Attempt to do any act described in subsection 1; or
Assist, solicit or conspire with another person to do any act described in subsection 1.
A person who violates subsection 1 is guilty of a category A felony and shall be punished:
If the crime does not result in substantial bodily harm or death:
By imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and shall further be punished by a fine of not more than $20,000; or;
By imprisonment in the sate prison for a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served and shall further be punished by a fine of not more than $20,000.
If the crime results in substantial bodily harm or death:
1. By imprisonment in the state prison for life without the possibility of parole, and shall further be punished by a fine of not more than $50,000;
2. By imprisonment in the state prison for life, with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served, and shall further be punished by a fine of not more than $50,000; or
3. By imprisonment in the state prison for a definite term of 40 years, with eligibility for parole beginning when a minimum of 20 years has been served and shall further be punished by a fine of not more than $10,000.
A person who violates any provision of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not more than $10,000.
In addition to any other penalty the court shall order a person who violates the provisions of this section to pay restitution:
1. To each victim for any injuries that are a result of the violation; and
2. To the State of Nevada or a local government for any costs that arise from the violation.
The provisions of this section do not apply to any act that is committed in a lawful manner and in the course of a lawful business, event or activity.

NRS 202.448 – Making threats or conveying false information concerning acts of terrorism, weapons of mass destruction, lethal agents or toxins prohibited; penalty.

A person shall not, through the use of any means of oral written or electronic communication, knowingly make any threat or convey any false information concerning an act of terrorism or the presence, development, manufacture, production, assemblage, transfer, transportation, acquisition, retention, storage, testing, possession, delivery, dispersion, release, discharge or use of any weapon of mass destruction, any biological agent, chemical agent, radioactive agent or other lethal agent or any toxin with the intent to:
Injure, intimidate or alarm any person, whether or not any person is actually injured, intimidated or alarmed thereby;
Cause panic or civil unrest, whether or not such panic or civil unrest actually occurs;
Extort or profit thereby, whether or not the extortion is actually successful or any profit actually occurs; or
Interfere with the operations of or cause economic or other damage to any person or any officer, agency, board, bureau, commission, department, division or other unit of federal, state or local government, whether or not such interference or damage actually occurs.
A person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $5,000
The provisions of this section do not apply to any act that is committed in a lawful manner and in the course of a lawful business, event or activity.

NRS 202.449 –Dispersing hoax substance prohibited; penalties.

A person shall not, through the use of any means of delivery, including without limitation, mail, package delivery services, mail couriers or drop payment boxes, disperse or cause to be dispersed any hoax substance with the intent to:.
Injure, intimidate, alarm or cause mental anguish to any person, whether or not any person is actually injured, intimidated, alarmed or caused mental anguish thereby;
Cause any reasonable person to believe that the person was contaminated by or exposed to a biological agent, chemical agent, radioactive agent or other lethal agent, any toxin or any nuclear or explosive substance;
Cause panic or civil unrest, whether or not such panic or civil unrest actually occurs;
Extort or profit thereby, whether or not the extortion is actually successful or any profit actually occurs; or
Interfere with the operations of or cause economic or other damage to any person or business, whether or not such interference or damage actually occurs.
Except as otherwise provided in subsection 3, a person who violates any provision of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Unless a greater penalty is provided by specific statute, if a person violates any provision of subsection 1 and the violation proximately causes the death of, or substantial bodily harm to, any other person, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $5,000.
In addition to any other penalty, the court shall order a person who violates any provision of subsection 1 to pay restitution to any public agency for any expenses of a response to a hoax substance that arise from the violation.
As used in this section::
“Expenses of a response to a hoax substance” includes, without limitation, the reasonable costs incurred by a public agency in making an appropriate response to or investigation of a hoax substance, including, without limitation, the salary or wages of any person responding to or investigating a hoax substance, the deemed wages of any volunteer or a public agency participating in the response or investigation, the costs for use or operation of any equipment and the costs for the use or expenditure or any resources, fuel or other materials.
“Public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, fire-fighting, rescue or emergency medical services.

So, what exactly is the definition of a “terrorist” threat?

There are two pieces to a “terrorist threat.”

The first is obvious, there must be some kind of “threat”
The second element is that the threat is an “act of terrorism,” which means that it is made with the intent to:
- Injure, or kill, any person or group of people;
- Intimidate or alarm any person or group of people;
- Cause panic in any person or group of people;
- Extort or profit from the threat;
- Interfere with the operations of any business, agency, board, bureau, or government entity; or
- Cause economic or other damage to any business, agency, board, bureau, or government entity.

That sounds really broad.

It is broad, and that is intentional. The law-makers wanted to be sure that the definition of a “terrorist threat” was broad enough to encompass any act that may occur and which could possibly be construed as an act of terrorism.

Pre-9/11, no one ever imagined that planes would be hijacked and used as fling bombs, so the law-makers wrote the “terrorist threat” laws to encompass acts that we may not even envision right now.

What types of things are prohibited by the laws concerning “acts of terrorism”?

Although this is not an all-inclusive list, some things that would lead to criminal charges for an “act of terrorism” include:

Use any biological, chemical, or other lethal agent or toxin on a person or group of people;
Use any weapon of mass destruction;
Disperse or use any substance that would cause people to believe that you had used a weapon of mass destruction or biological, chemical, or other lethal agent or toxin; or
Assisting, furthering, or concealing the commission of any of the above-listed acts, knowing that the purpose is to commit and “act of terrorism.”

There also a number of acts that are considered “related” to an act of terrorism. These acts include:

Developing or manufacturing any biological agent, chemical agent, or other lethal agent or toxin;
Developing or manufacturing any delivery system for use as a biological, chemical or other lethal weapon;
Acquiring or stockpiling any biological agent, chemical agent, or other lethal agent or toxin, or any type of delivery system for biological, chemical, or other lethal agent.

Please Note: According to Nevada law, a “terrorist” is anyone who attempts to intentionally commits, causes, aids, furthers, or conceals an “act of terrorism,” whether they are successful or not.

Okay, I’ve hear the term “weapon of mass destruction” a lot. What does it mean?

It means exactly what it sounds like: any weapon or other device that is designed or intended to cause death or substantial bodily harm to a large number of people at once.

The main distinction is that the device is intended to cause harm to a large number of people. This is left intentionally vague, so that charges can be made based on the individual circumstances.

For example, a grenade would not be a weapon of mass destruction, but a bomb could be, depending on the size and where it is set to detonate – an abandoned building would not likely cause harm or death to a large number of people while a sports stadium would.

Okay, and what do you mean by all the “agent or toxin” stuff?

That’s basically the use of biological and chemical warfare; causing harm to large numbers of people through the use of gasses or vaporized chemical substances such as:

“Mustard gas” – which essentially causes chemical burns where it comes in contact with your body. It does not act immediately and causes intense itching and skin irritation which eventually turns to pus-filled blisters. Mustard gas can also cause severe damage to the eyes and lungs. It has also been linked to increased risk of cancer.
“Chlorine gas” – Reacts with water to form hydrochloric acid, which is destructive to living tissue, and can therefore be extremely lethal.
“Agent Orange” – a Chemical designed to both cause health issues and to devastate the agricultural environment. Agent Orange has been linked to genetic deformities which often pass on to the next generation.
Nerve agents – which cause convulsions, involuntary urination and defecation, and will lead to death by asphyxiation with enough exposure. The chemicals disrupt the body’s ability to communicate with itself, which leads to loss of control over the respiratory system.

Basically, any weapon that uses any chemical to cause harm, as opposed to an explosive or incendiary device, qualifies.

Please Note: As stated above, it is also an act of terrorism to release a substance or set a device, which would lead a reasonable person to believe that you had used a weapon of mass destruction or biological, chemical, or other agent or toxin. Even if the substance or device is harmless, the panic that can be caused by the use of such a substance or device creates the necessary “threat” and “civil unrest” to satisfy the requirements of an “act of terrorism.”

What are the possible penalties?

Anyone who themselves commits an act of terrorism will be charged with a category A felony, and can face possible penalties including:

Life in a Nevada State Prison, without the possibility of parole; or
Life in a Nevada State Prison, with the possibility of parole after 20 years; or
50 years in a Nevada State Prison, with the possibility of parole after 10 years; and
Possible fines up to $100,000; and
Possible restitution fines to any victim; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

Anyone who assists, furthers, or conceals an act of terrorism will be charged with a category A felony, and can face possible penalties including:

Life in a Nevada State Prison, with eligibility for parole after 10 years; or
25 years in a Nevada State Prison, with eligibility for parole after 10 years; and
Possible fines up to $50,000; and
Possible restitution fines to any victim; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

Anyone who commits an act “related” to an “act of terrorism” where substantial bodily harm or death occurs, can be charged with a category A felony, and face penalties that include:

Life in a Nevada State Prison, without the possibility of parole; and
Possible fines up to $50,000; or
Life in a Nevada State Prison, with the possibility of parole after 20 years; and
Possible fines up to $50,000; or
40 years in a Nevada State Prison, with the possibility of parole after 20 years; and
Possible fines up to $10,000; and
Possible restitution fines to any victim; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

Anyone who commits an act “related” to an “act of terrorism” where no substantial bodily harm or death occurs, can be charged with a category A felony, and face penalties that include:

Life in a Nevada State Prison, with the possibility of parole after 10 years; and
Possible fines up to $20,000; or
25 years in a Nevada State Prison, with the possibility of parole after 10 years; and
Possible fines up to $20,000; and
Possible restitution fines to any victim; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

Anyone who attempts to commit an act “related” to an act of terrorism, or to assist someone else in committing an act “related” to an act of terrorism, can be charged with a category B felony, the possible punishment for which may include:

Between 2 and 15 years in a Nevada State Prison; and
Possible fines up to $10,000; and
Possible restitution fines to any victim; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

Anyone who makes a “terrorist threat” can be charged with a category B felony, the possible punishment for which may include:

Between 2 and 20 years in a Nevada State Prison; and
Possible fines up to $5,000; and
Possible restitution fines to any victim; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation; and
Possible restitution fines to any victim; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

Anyone who disperses a hoax substance, whether it is a hoax lethal agent or a hoax weapon of mass destruction, can be charged with a category D felony, the possible penalties for which may include:

Between 1 and 4 years in a Nevada State Prison; and
Possible fines up to $5,000; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

Anyone who disperses a hoax substance, which leads to or causes substantial bodily harm or death to another person, whether it is a hoax lethal agent or a hoax weapon of mass destruction, can be charged with a category B felony, unless a greater penalty can be imposed by another statute, the possible penalties for which may include:

Between 2 and 20 years in a Nevada State Prison; and
Possible fines up to $5,000; and
Possible restitution fines to the State of Nevada or a local government for any costs that arise from the violation.

What do you mean by “restitution fees”?

Restitution fees are the reasonable costs that arise from your unlawful acts.

If a person is injured as a direct result of your act, that person would be a victim of your conduct, and any medical bills and other monetary costs associated with that injury are reasonable restitution fees.

If a government entity reacts to your conduct, whether in evacuating a building, evaluating a possible threat of a weapon, providing a rescue response or other similar function, then the costs spent on providing that response are reasonable restitution fees.

You can be ordered to pay all such reasonable restitution fees if you are convicted of any of the “terrorist act” laws.

Are there any Defenses?

Yes, of course there are. In fact, Libel is an extremely vague and difficult to prove charge. Some of the possible defenses include:

Police Misconduct – In the wake of 9/11, terrorism has many people on high alert for anyone who might be a terrorist. As a result, the police involved in your arrest may not have conducted themselves according to protocol and may have broken the law themselves, either in the form of an illegal arrest, an illegal search and seizure, or in the form of illegally profiling you. In such cases, an experienced attorney may be able to have any evidence gained from illegal act “suppressed,” or withheld from the trial. If enough evidence is withheld, there may not be enough to prove the prosecution’s case beyond a reasonable doubt.
No Intent – The “act of terrorism” laws require that you intended to either create an act of terrorism, assist in an act of terrorism, or make a threat to cause injury or panic, make a profit, or interfere with a business or entity. If you can prove that you had no such intent, then the charges against you should be dropped or dismissed.
False Allegations – Much like a lack of evidence, if you can show that the allegations against you are false, that they were made out of anger, fear, revenge, or some other unrelated cause, the charges against you should be dropped or dismissed if there is no evidence that you committed the alleged act.
Lack of Evidence – As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.

What should I do if I’ve been charged with a terrorist threat or act?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.