PENAL CODE


TITLE 12. TERRORISM


CHAPTER 76. TERRORISTIC OFFENSES


Sec. 76.01. DEFINITIONS. In this chapter:

(1) "Material support or resources" means:

(A) currency or other financial securities;

(B) financial services;

(C) instruments of value;

(D) lodging;

(E) training;

(F) safehouses;

(G) false documentation or identification;

(H) communications equipment;

(I) computer equipment;

(J) software;

(K) facilities;

(L) a deadly weapon;

(M) lethal substances;

(N) an explosive weapon or components of an explosive weapon, a chemical dispensing device, or a hoax bomb, as those terms are defined by Section 46.01;

(O) personnel;

(P) transportation; and

(Q) other tangible assets, other than medical care provided by a licensed health care provider or religious materials.

(2) "Training" means teaching or demonstrating directly to another person, either in person or through a writing or by use of a computer or computer network, the use, application, or making of:

(A) a weapon prohibited by Section 46.05;

(B) a deadly weapon;

(C) a component of an explosive weapon, as defined by Section 46.01; or

(D) an incendiary device capable of causing injury or death to persons.

Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.

Sec. 76.02. TERRORISM. (a) A person commits an offense if the person:

(1) commits or conspires to commit an offense under:

(A) Chapter 19;

(B) Section 20.02;

(C) Section 20.03;

(D) Section 20A.02;

(E) Section 22.02;

(F) Section 22.021;

(G) Section 22.05, if punishable as a felony;

(H) Section 22.07, if punishable as a felony;

(I) Section 22.09;

(J) Section 28.02;

(K) Section 28.07, if punishable as a felony;

(L) Section 29.03;

(M) Section 38.152, if punishable as a felony; or

(N) Section 46.08; and

(2) commits or conspires to commit that offense with the intent to:

(A) intimidate or coerce the public or a substantial group of the public; or

(B) influence, by intimidation or coercion, the policy, conduct, or activities of this state, a political subdivision of this state, or the United States.

(b) An offense under this section is one category higher than the most serious offense listed in Subsection (a) that was committed or conspired to be committed, except that:

(1) if the most serious offense is a Class A misdemeanor, the offense under this section is a Class A misdemeanor with a minimum term of confinement of 180 days; and

(2) if the most serious offense is a felony of the first degree, the offense under this section is a felony of the first degree with a minimum term of confinement of 15 years.

Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.

Sec. 76.03. AIDING IN COMMISSION OF TERRORISM. (a) A person commits an offense if the person intentionally raises, solicits, collects, or provides material support or resources with intent or knowledge that the material support or resources will be used, wholly or partly, to solicit, direct, supervise, plan, prepare, promote, carry out, assist, or aid in committing an offense under Section 76.02.

(b) An offense under this section is of the same degree as the offense under Section 76.02 that the person aided.

Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.

Sec. 76.04. HINDERING PROSECUTION OF TERRORISM. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense under Section 76.02 or 76.03, the person:

(1) harbors or conceals the other;

(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape;

(3) warns the other of impending discovery or apprehension; or

(4) tampers with any physical evidence that might aid in the discovery or apprehension of the other.

(b) An offense under this section is of the same degree as the offense under Section 76.02 or 76.03 for which the person committed the act described by Subsection (a).

Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.

Sec. 76.05. ASSISTANCE BY ATTORNEY GENERAL. (a) The attorney general, if requested to do so by the attorney representing the state, may assist the attorney representing the state in the investigation or prosecution of an offense under this chapter.

(b) The attorney general shall designate one individual in the division of the attorney general's office that assists in the prosecution of criminal cases to coordinate responses to requests to assist in prosecution made under this section.

Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.