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Terrorism action - 42 Pa. Cons. Stat. § 8318Legal Research Home > Pennsylvania Statutes
§ 8318. Terrorism action.
(a) General rule.--In addition to any other right of action
and any other remedy provided by law, an action may be brought
to recover damages against a terrorist, terrorist organization
or person who knowingly provided material support or resources
to or aided a terrorist or terrorist organization for the death
of an individual or for an injury to an individual or damage to
or loss of property caused by an act of terrorism.
(b) Application of section.--This section shall not apply
to:
(1) A financial institution as defined by 31 U.S.C. §
5312(a)(2) (relating to definitions and application),
including an operating or financial subsidiary, that complies
with Federal laws and regulations relating to a financial
transaction at the time the transaction occurs, including, to
the extent applicable, the International Money Laundering
Abatement and Anti-Terrorist Financing Act of 2001 (Title III
of Public Law 107-56, 31 U.S.C. § 5301 et seq.).
(2) Conduct by a party to a labor dispute as defined in
the act of June 2, 1937 (P.L.1198, No.308), known as the
Labor Anti-Injunction Act, or to any constitutionally
protected activity.
(c) Recovery.--The plaintiff may seek recovery for any of
the following:
(1) General and special damages, including damages for
emotional distress, loss of consortium, loss of filial
consortium and loss of life's pleasures.
(2) Punitive damages.
(3) Reasonable attorney fees and costs.
(4) Such other relief that the court deems necessary and
proper.
(d) Assets.--In making a recovery under this section, the
plaintiff may enforce the judgment against the assets of the
terrorist, terrorist organization or person who knowingly
provided material support or resources to or aided the terrorist
or terrorist organization.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Act of terrorism." An act or acts constituting an offense
under 18 Pa.C.S. Pt. II (relating to definition of specific
offenses), including an attempt, conspiracy or solicitation to
commit any such offense, which is punishable by imprisonment of
more than one year and involves an act dangerous to human life
or property, intended either to intimidate or coerce a civilian
population, influence the policy of a government by intimidation
or coercion or affect the conduct of a government.
"Dangerous to human life or property." A violent act which
is intended to or likely to cause death, serious bodily injury
or mass destruction.
"Mass destruction." An act which is intended to or likely to
destroy or cause serious damage to transportation-related
infrastructure or facilities, energy-related infrastructure or
facilities, public or private buildings, places of public
accommodation or public works under circumstances evincing
depraved indifference to human life or property.
"Material support or resources." Currency or other financial
securities, financial services, lodging, training, safe houses,
false documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel,
transportation and other physical assets, except medicine or
religious materials.
"Terrorist." A person who commits an act of terrorism.
"Terrorist organization." A domestic or foreign organization
which directly engages in the planning, preparation, carrying
out or aiding of an act of terrorism. The term includes any
organization designated as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (66
Stat. 163, 8 U.S.C. § 1189) (relating to designation of foreign
terrorist organizations).
(Jan. 6, 2006, P.L.11, No.2, eff. imd.)
2006 Amendment. Act 2 added section 8318.
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Last modified: November 27, 2007 |
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