onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Terrorism action - 42 Pa. Cons. Stat. § 8318

Legal 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.
Section:  Previous  8311  8312  8313  8314  8315  8316  8317  8318  8319  8320  8321  8322  8323  8324  8325  Next

Last modified: November 27, 2007