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USA - Definition of Terrorism

There is no single definition of terrorism. The FBI defines terrorism as “the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” The force or violence does not have to be lethal to constitute a terrorist act.

According to the FBI, "High fatality terror attacks are acts of violence that meet the statuatory criteria for terrorism and involve 10 or more deaths". Assassination is a tactic used by nearly all terrorist groups, although far less frequently than other types of armed attacks. Assassination, when used as a terrorist tactic, is the targeted killing of a country’s public officials or individuals who represent the political, economic, military, security, social, religious, media, or cultural establishments.

The FBI further classifies terrorism as either domestic or international, depending on the origin, base, and objectives of the terrorist organization. Domestic terrorism involves groups or individuals who are based and operate entirely within the United States and Puerto Rico without foreign direction and whose violent acts are directed at elements of the U.S. Government or population.

Terrorism is a crime under several existing federal statutes. There are several U.S. Code sections which define the criminality of terrorism (for example, 18 USC §2332b (g)(5), Acts of Terrorism Transcending National Boundaries; 18 USC §3077, Rewards for Information Concerning Terrorist Acts and Espionage; 18 USC §2331(1), Definition of “International Terrorism;” and 18 USC §921(a)(22), Firearms). Additionally, there are provisions in The Antiterrorism and Effective Death Penalty Act of 1996 which make fundraising for a terrorist organization a criminal offense and criminalize participation in international terrorist activities on U.S. soil. All suspected terrorists placed under arrest are provided access to legal counsel and normal judicial procedure, including Fifth Amendment privileges and a fair trial by judge and jury.

There are organized groups that engage in violent acts — some are criminal organizations with no political or social agenda, and some are domestic terrorist groups. These include other types of violent extremists—such as white supremacists and eco-terrorists—who commit violence in this country and present significant terrorist threats. Such domestic terrorist groups are of concern to law enforcement, but they fall outside of US National Counterterrorism Center (NCTC) international terrorism mission.

DHS defines domestic terrorism as any act of violence that is dangerous to human life or potentially destructive of critical infrastructure or key resources committed by a group or individual based and operating entirely within the United States or its territories without direction or inspiration from a foreign terrorist group. The act is a violation of the criminal laws of the United States or of any state or other subdivision of the United States and appears to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping. A domestic terrorist differs from a homegrown violent extremist in that the former is not inspired by, and does not take direction from, a foreign terrorist group or other foreign actor.

The Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) do not officially list domestic terrorist organizations, but they have openly delineated domestic terrorist “threats.” These include individuals who commit crimes in the name of ideologies supporting animal rights, environmental rights, anarchism, white supremacy, anti-government ideals, black separatism, and anti-abortion beliefs.

Domestic terrorism investigations are conducted in accordance with the Attorney General Guidelines on General Crimes Racketeering, Enterprises, and Domestic Security/Terroism Investigations. These guidelines set forth the predication threshold and limits for investigation of crimes, including criminal activities in support of terrorist objectives. International terrorism investigations are conducted in accordance with the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations. These guidelines set forth the predication level and limits for intelligence collection through investigations of U.S. persons or foreign nationals in the United States who are targeting U.S. national security interests on behalf of a foreign power.

The boundary between constitutionally protected legitimate protest and domestic terrorist activity has received public attention. This boundary is especially highlighted by a number of criminal cases involving supporters of animal rights — one area in which specific legislation related to domestic terrorism has been crafted. The Animal Enterprise Terrorism Act (P.L. 109-374) expands the federal government’s legal authority to combat animal rights extremists who engage in criminal activity. Signed into law in November 2006, it amended the 1992 Animal Enterprise Protection Act (P.L. 102-346).

Federal law enforcement efforts received a significant boost with the passage of The Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104-132). This new law, signed by President Clinton on April 24, 1996, includes several new measures aimed at countering both domestic and international terrorism. Highlights of the law include measures that block terrorist groups from fundraising in the United States, enhance the powers of the federal government to deny visas to persons belonging to groups that have been designated as terrorist, and simplify the process for deporting aliens convicted of crimes. The new law also bans all U.S. aid to countries that provide assistance or military equipment to terrorist states.