Terrorism, WMD & Material Support Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Material Support to a Designated Foreign Terrorist Organization (18 U.S.C. § 2339B; Pattern Instr. O91.2)

What the Government must prove (Elements):

1. The defendant knowingly provided material support or resources to the organization named in the indictment.
2. The defendant knew the organization was a designated terrorist organization, or had engaged or engages in terrorist activity or terrorism.

A "designated" organization is one the Secretary of State has designated as a foreign terrorist organization. Attempts and conspiracies are covered. Up to 20 years, or any term of years up to life if a death results.

Material Support to Terrorists (18 U.S.C. § 2339A; Pattern Instr. O91.1)

What the Government must prove (Elements):

1. The defendant provided material support or resources to the person or persons named in the indictment.
2. The defendant knew or intended that they would be used to prepare for or carry out one of the listed federal crimes (or to conceal an escape after one).

Up to 15 years, or any term of years up to life if a death results.

"Material support or resources" in both laws means any property or service, including money, financial services, lodging, training, expert advice or assistance, safehouses, false documents, communications equipment, weapons, explosives, personnel (which can include oneself), and transportation. Medicine and religious materials are excluded. Under § 2339B, providing "personnel" means providing people to work under the organization's direction or control; people who act entirely independently to advance its goals are not covered. The statute also says it may not be applied to abridge First Amendment rights.

Weapons of Mass Destruction (18 U.S.C. § 2332a(a)(2); Pattern Instr. O90)

What the Government must prove (Elements):

1. The defendant used, threatened to use, attempted to use, or conspired to use a weapon of mass destruction against a person or property in the United States.
2. The defendant had no lawful authority to do so.
3. A link to interstate or foreign commerce, such as use of the mail or a facility of commerce.

A "weapon of mass destruction" includes a destructive device such as a bomb or grenade, and chemical, biological, and radiological weapons. Any term of years or life; if a death results, death or any term of years up to life. Because threats are covered, these charges can arise from words alone. See Federal Bomb Threats.

Transporting a Terrorist by Vessel (18 U.S.C. § 2284; Pattern Instr. O85)

What the Government must prove (Elements): the defendant knowingly and intentionally transported the person aboard a vessel in U.S. waters or on the high seas, knowing that person was a terrorist, meaning someone who intends to commit, or is avoiding capture after committing, one of the federal crimes of terrorism listed in the law. Any term of years or life.

Defense Themes

• Knowledge and intent. These laws turn on what the person knew and intended, not on sympathy or association.
• Speech versus support. Independent speech and advocacy are not "personnel," and the statute protects First Amendment rights.
• Informants and stings. Who proposed the plan, who supplied the means, and whether the Government induced the crime.
• Context of online statements. Translations, slang, and selective excerpts.

What to Do First

1. If federal agents ask to talk, politely decline and call a lawyer. False statements to agents are a separate crime.
2. Don't delete accounts or messages.
3. Prepare for the detention hearing. For several of these offenses the law presumes no release conditions are enough, but that presumption can be rebutted.
4. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is posting online in support of a group "material support"?

The law says people acting entirely independently of the organization are not providing "personnel," and that it may not be applied to abridge First Amendment rights. But online activity can still be investigated and used as evidence with other conduct.

The FBI wants to "just ask a few questions." Should I go?

Not without a lawyer. Lying to a federal agent is its own crime, and even true statements can be misunderstood.