This database provides information on all state domestic terrorism laws in the country. U.S. federal law defines domestic terrorism, but provides no penalties. Instead, the offense of domestic terrorism is state-based, and varies considerably across the country. Thirty-two states and Washington D.C. criminalize the act of domestic terrorism, while the remainder of the states do not. Most state anti-terrorism laws were enacted in the wake of the September 11 attacks, although some were enacted or amended more recently. 

Many state domestic terrorism laws are written in an overbroad manner that can cover activities not typically associated with “terrorism,” including in the context of protests and advocacy, raising clear First Amendment concerns. This database provides a summary of the crime of domestic terrorism in each state that criminalizes the offense, along with links to the relevant statutes. The database also indicates if there is also a separate crime of providing support to further an act of terrorism or a terroristic threat offense.  

Prohibits committing, attempting, conspiring, or threatening to commit a specified offense to promote an act of terror; terrorize five or more persons; influence government policy or conduct by terror; to cause by an act of terror impairment of public communications, public transportation, public or private buildings, common carriers, or public utilities or services; or influence or incite an act of terror against an individual or group based on their race, religion, national origin, sexual orientation, or other specified characteristics. Specified offenses include murder, homicide, kidnapping, arson, certain damage to a nuclear plant, certain possessions of weapons, and racketeering. The crime is punished by at least 30 years in jail without parole. If a violation leads to a death the penalty is life in prison without parole.  

Prohibits committing a specified offense with the intent to intimidate a civilian population, influence government policy through intimidation or coercion, or affect government conduct through murder, assassination or kidnapping. A specified offense includes murder, manslaughter, kidnapping, arson, making a terroristic threat, assault, use or possession of a chemical or biological weapon, first degree criminal tampering, identity theft, unlawful possession of personal information, money laundering in support of terrorism, or any attempt or conspiracy of the specified offense. The crime shall be punished by deeming the penalty one felony category higher than the specified offense. If the specified offense is a Class A-I felony than the penalty will be nothing less than life in prison without parole.  

Prohibits committing a specified offense with the intent to intimidate a civilian population or influence through intimidation government activity. A specified offense includes murder; manslaughter; felony assault or use of force against a person; a felony that includes the threat or use of an explosive; or any offense that includes the threat of a nuclear, biological, or chemical weapon of mass destruction. The crime is punishable by a felony that is one class higher than the underlying offense, except the crime is a Class B1 felony if the underlying offense is a Class A felony. Any property used or derived from the offense is subject to seizure by the state. Any person whose property or person is injured by a violation of this crime may sue to recover treble damages and attorney fees.   

Prohibits any activity that is a violation of criminal law that is done in cooperation with a terrorist organization designated by the federal government that either involves weapons of mass destruction or violent acts or threats specifically intended to harm human life and intimidate, coerce, or disrupt lawful activity in the state, or influence government policy. The offense is punishable by a Class C felony, punishable by five years in jail and a fine of $10,000.  

Prohibits committing a specified offense with the purpose to intimidate or coerce a civilian population; influence government policy by intimidation or coercion; or affect government conduct. Specified offense includes any violent felony, a terroristic threat, disrupting public services, or possession or use of a biological, chemical, or nuclear weapon.  The offense is punishable by an offence on degree higher than the most serious underlying offense committed, except if the offense is a first degree felony or murder, the person shall be sentenced to life without parole, and if it is aggravated murder the punishment will be life without parole or death.  

Prohibits committing an act of violence resulting in damage to property, personal injury or death, or threat of such action that appears to be intended to intimidate a civilian population; or influence or retaliate against government policy or conduct by intimidation or coercion. The offense is a felony punishable by up to life in jail. A person convicted of biochemical terrorism must also reimburse for the emergency response to the act of terrorism.  

Prohibits committing a specified offense with the intent to cause widespread sickness, contagion,  serious physical injury, death, or the disruption of services provided by critical infrastructure. It is domestic terrorism in the first degree if the specified offense is intentionally destroying or substantially damaging critical infrastructure or releasing a toxic substance in widespread contact with humans. It is domestic terrorism in the second degree if the specified offense is to attempt to commit domestic terrorism in the first degree or to intentionally possess a toxic substance with intent to put it into widespread contact with humans or intentionally possessing a destructive device with intent to destroy or substantially damage critical infrastructure. Domestic terrorism in the first degree is a Class B felony punishable by 10 years in prison and a $250,000 penalty. Domestic terrorism in the second degree is a Class C felony punishable by five years in prison and a $125,000 fine.  

Prohibits committing a violent offense with the intent to intimidate or coerce a civilian population, influence government policy by intimidation or coercion, or affect the conduct of government. Violent offense is defined to be committing, or attempting, conspiring or soliciting to commit, any offense punishable by more than one year in jail that involves an act likely to cause death, serious bodily injury, or mass destruction. Mass destruction is defined as an act intended to or likely to cause serious damage to energy or transportation related infrastructure or public or private buildings, under circumstances “evincing depraved indifference to human life or property.” Such covered offenses could include a range of crimes including murder, homicide, assault, rioting terroristic threats, or vandalism creating costs over $1,000. If the underlying offense is a first degree felony the punishment is up to 40 years in jail and a fine of $100,000. Otherwise, the underlying offense shall be classified one degree higher.   

Prohibits a person from intentionally using, threatening, or attempting or conspiring to possess or use a weapon of mass destruction in furtherance of an act of terrorism. Terrorism is defined to mean activities that involve unlawful acts dangerous to human life that appear to be intended to intimidate a civilian population; influence government policy through intimidation; or affect government conduct by mass destruction, assassination, or kidnapping. The crime is punishable by up to life in prison or the death penalty.  

Prohibits committing a specified offense with intent to intimidate or coerce a civilian population; influence the policy or conduct of any government or nation; affect the conduct of any government or nation by assassination or kidnapping; or substantially impair or interrupt public communications, public transportation, common carriers, public utilities, or other public services. A specified offense includes any of the following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit them: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, arson, kidnapping, felony sexual contact, felony child abuse, or any other felony in the commission of which the perpetrator used force, or was armed with a dangerous weapon, or used any explosive or destructive device. The offense is a Class C felony, punishable by life in prison and a $50,000 fine.  

Prohibits violating the law of Tennessee or any other state or the federal government with intent, directly or indirectly, to intimidate or coerce a civilian population; influence government policy through intimidation or coercion; affect the conduct of government through murder, torture, kidnapping, or mass destruction; or to serve as premeditated, politically or ideologically motivated violence against first responders that results in loss of life. The offense is a Class A felony, punishable by 16 to 60 years in prison and a fine of $50,000. If the act of terrorism results in a loss of life than it is punishable by life in prison or the death penalty.  

Prohibits committing or conspiring to commit a specified offense with intent to intimidate or coerce the public; or influence via intimidation or coercion the policy or activities of government. Specified offenses include homicide, kidnapping, unlawful restraint, trafficking of persons, aggravated assault, aggravated sexual assault, terroristic threats, tampering with a consumer product, arson, interference with railroad property, bomb hoaxes, and interference with a radio frequency licensed to a government entity.  The offense is punishable by one category higher than the most serious underlying offense committed or conspired to commit. If the most serious offense is a Class A misdemeanor, the penalty is a Class A misdemeanor with a minimum sentence of 180 days. If the most serious offense is a first degree felony, the penalty is a first degree felony with a minimum sentence of 15 years in prison. 

Prohibits engaging in or taking a substantial step to commit a crime in the state with intent to cause death or serious bodily injury to multiple persons; or threaten any civilian population with mass destruction, mass killings, or kidnapping. The offense is punishable by up to 20 years in prison and a $50,000 fine.  

Prohibits committing a specified offense with intent to intimidate a civilian population or influence government activities by intimidation. Specified offences include murder, manslaughter, mob related felonies, kidnapping, malicious felonious assault, robbery, sexual assault, and arson. The offense is either a Class 3 or Class 2 felony, punishable by a minimum penalty of five or 20 years and a maximum penalty of 20 years or life in prison along with a $100,000 fine.  

Prohibits the malicious placement or use of an explosive devise near a building, public utility transmission system, or range of transportation infrastructure with intent to commit a terrorist act. A terrorist act is defined as an act intended to intimidate a civilian population, influence government policy or conduct through intimidation, or retaliate against government policy or conduct. The offense is a Class A felony punishable by up to life in prison and a fine of $50,000.  

For more information about this page contact Elly Page (epage@icnl.org) or Nick Robinson (nrobinson@icnl.org).