aiding terrorism — Federal Material Support (18 U.S.C. §§ 2339A & 2339B)
Federal aiding terrorism is prosecuted under 18 U.S.C. § 2339A. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the sentencing exposure, common defense theories, and what to do if you have been charged in the Northern or Eastern District of Texas.
Classification: State — same degree as the § 76.02 offense aided · Federal — felony, up to 20 years (life if death results)
Punishment range: 18 U.S.C. § 2339A: up to 15 years (life if death results). 18 U.S.C. § 2339B: up to 20 years (life if death results). Federal Sentencing Guidelines apply with terrorism enhancement (USSG § 3A1.4) for substantial upward departure.
The controlling statute
Texas adopted a state aiding-terrorism offense in 2023 — Tex. Penal Code § 76.03, added by S.B. 1518 (88th Leg., eff. Sept. 1, 2023), which punishes intentionally raising, soliciting, collecting, or providing material support for a § 76.02 terrorism offense at the same degree as the offense aided. Most cases of this kind, however, are prosecuted at the federal level under 18 U.S.C. § 2339A (providing material support knowing it will be used for terrorism offenses) and 18 U.S.C. § 2339B (providing material support to designated foreign terrorist organizations). Federal cases are brought by the U.S. Attorney's Office for the Northern or Eastern District of Texas, often after FBI Joint Terrorism Task Force investigation. Fifth Circuit precedent on these statutes includes United States v. Khan, 997 F.3d 242 (5th Cir. 2021) and United States v. Aldawsari, 740 F.3d 1015 (5th Cir. 2014).
Elements the State must prove
To convict on a 18 U.S.C. § 2339A / § 2339B charge, the State must prove every element beyond a reasonable doubt:
- Defendant provided material support or resources (money, training, communications, weapons, lodging, personnel, expert advice)
- For § 2339A: defendant knew or intended the support to be used for an enumerated terrorism offense
- For § 2339B: defendant knowingly provided material support to a designated foreign terrorist organization
- For § 2339B: defendant knew the organization was a DFTO at the time of support (Holder v. Humanitarian Law Project, 561 U.S. 1)
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Aiding Terrorism case:
- Lack of knowledge of the terrorist purpose (§ 2339A) or DFTO designation (§ 2339B)
- Outrageous government conduct / entrapment in undercover FBI operations (United States v. Khan, 938 F.3d 713 (5th Cir. 2019))
- First Amendment defense for pure advocacy or speech-based support (Holder v. Humanitarian Law Project, 561 U.S. 1 (2010))
- Insufficient causation linking the defendant's support to actual terrorism conduct
- Suppression of FISA-derived evidence under 50 U.S.C. § 1806(f) procedures
- Brady/Giglio violations regarding informant credibility and government inducement
Enhancements & collateral consequences
USSG § 3A1.4 terrorism enhancement adds 12 levels to the offense level and bumps criminal history category to VI — typically pushing the sentence near or at the statutory maximum. § 2332b(g)(5) "federal crime of terrorism" predicate triggers § 3A1.4 application. Civil forfeiture under 18 U.S.C. § 981(a)(1)(G) reaches all assets traceable to the offense.
Key Legal Terms
- Material Support (§ 2339A(b)(1))
- Property, services, currency, expert advice, training, weapons, lodging, transportation, personnel, or communications provided to terrorism.
- Designated Foreign Terrorist Organization
- An organization designated by the Secretary of State under 8 U.S.C. § 1189. List is published in the Federal Register. Current designations include ISIS, al-Qaeda, Hamas, Hezbollah, and others.
- Terrorism Enhancement (USSG § 3A1.4)
- Sentencing guideline enhancement adding 12 offense levels and criminal history Category VI when the offense is a "federal crime of terrorism" or involved/intended to promote one.
| Track | Statute | What it covers | Punishment range |
|---|---|---|---|
| Texas | Tex. Penal Code § 76.03 (added by S.B. 1518, eff. Sept. 1, 2023) | Intentionally raising, soliciting, collecting, or providing material support or resources for a § 76.02 terrorism offense | Same degree as the § 76.02 offense aided |
| Federal | 18 U.S.C. § 2339A | Material support knowing or intending it will be used for enumerated terrorism offenses | Up to 15 years; life if death results |
| Federal | 18 U.S.C. § 2339B | Material support to a designated foreign terrorist organization | Up to 20 years; life if death results |
Most North Texas prosecutions of this kind to date have been federal, but the 2023 state statute gives Texas prosecutors an independent charging path.
Frequently Asked Questions
Does Texas have a state "aiding terrorism" statute?
What is the difference between § 2339A and § 2339B?
What is "material support"?
Can someone be charged for providing speech support to a designated organization?
What courts handle these cases in Texas?
Charged with Aiding Terrorism? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060