13-2308.01. Terrorism; classification

A. It is unlawful for a person to intentionally or knowingly do any of the following:

1. Engage in an act of terrorism.

2. Organize, manage, direct, supervise or finance an act of terrorism.

3. Solicit, incite or induce others to promote or further an act of terrorism.

4. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction.

5. Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to facilitate an act of terrorism.

6. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by:

(a) Harboring or concealing any person or property.

(b) Warning any person of impending discovery, apprehension, prosecution or conviction. This subdivision does not apply to a warning that is given in connection with an effort to bring another person into compliance with the law.

(c) Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction.

(d) Concealing or disguising the nature, location, source, ownership or control of material support or resources.

(e) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.

(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.

(g) Concealing the identity of any person.

7. Provide advice, assistance or direction in the conduct, financing or management of a terrorist organization.

B. A violation of this section is a class 2 felony.

C. A person who is convicted of a violation of this section may be sentenced to imprisonment in the custody of the state department of corrections for life or natural life. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the defendant's natural life. A defendant who is sentenced to life is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 13-716 or section 31-233, subsection A or B until the completion of the service of twenty-five calendar years or the sentence is commuted. If the defendant is not sentenced to life or natural life, the defendant shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

10 calendar years 16 calendar years 25 calendar years