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This entry was published on 2014-09-22
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SECTION 490.25
Crime of terrorism
Penal (PEN) CHAPTER 40, PART 4, TITLE Y-1, ARTICLE 490
§ 490.25 Crime of terrorism.

1. A person is guilty of a crime of terrorism when, with intent to
intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
commits a specified offense.

2. Sentencing.

(a) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B, C, D or E felony
offense, the crime of terrorism shall be deemed a violent felony
offense.

(b) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class C, D or E felony
offense, the crime of terrorism shall be deemed to be one category
higher than the specified offense the defendant committed, or one
category higher than the offense level applicable to the defendant's
conviction for an attempt or conspiracy to commit the offense, whichever
is applicable.

(c) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B felony offense, the
crime of terrorism shall be deemed a class A-I felony offense and the
sentence imposed upon conviction of such offense shall be in accordance
with section 70.00 of this chapter.

(d) Notwithstanding any other provision of law, when a person is
convicted of a crime of terrorism pursuant to this section, and the
specified offense is a class A-I felony offense, the sentence upon
conviction of such offense shall be life imprisonment without parole;
provided, however, that nothing herein shall preclude or prevent a
sentence of death when the specified offense is murder in the first
degree as defined in section 125.27 of this chapter.