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2017 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-46.4 and 18.2-46.5 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-46.4. Definitions.
As used in this article, unless the context requires otherwise or it is otherwise provided:
"Act of terrorism" means an act of violence as
defined in clause (i) of subdivision A of § 19.2-297.1 or an act that would
be an act of violence if committed within the Commonwealth committed
within or outside the Commonwealth with the intent to (i) intimidate the
a civilian population at large; or (ii) influence the conduct or
activities of the a government, including the government
of the United States, a state, or locality, through intimidation.
"Base offense" means an act of violence as defined in clause (i) of subdivision A of § 19.2-297.1 committed with the intent required to commit an act of terrorism.
"Weapon of terrorism" means any device or material that is designed, intended or used to cause death, bodily injury or serious bodily harm, through the release, dissemination, or impact of (i) poisonous chemicals; (ii) an infectious biological substance; or (iii) release of radiation or radioactivity.
§ 18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty.
A. Any person who commits or conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, is guilty of a Class 2 felony if the base offense of such act of terrorism may be punished by life imprisonment, or a term of imprisonment of not less than twenty years.
B. Any person who commits, conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, is guilty of a Class 3 felony if the maximum penalty for the base offense of such act of terrorism is a term of imprisonment or incarceration in jail of less than twenty years.
C. Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to participate in an act or acts of terrorism, as defined in § 18.2-46.4, is guilty of a Class 4 felony.
D. Any person who knowingly provides any material support (i) to an individual or organization, whose primary objective is to commit an act of terrorism and (ii) does so with the intent to further such individual's or organization's objective is guilty of a Class 3 felony. If the death of any person results from providing any material support, then the person who provided such material support is guilty of a Class 2 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 780 of the Acts of Assembly of 2016 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.