You asked for an update of OLR report 2001-R-0787 comparing New York legislation responding to the terrorist attacks with Connecticut law. Since that report, Connecticut adopted PA 01-2, November Special Session "An Act Concerning Falsely Reporting an Incident, Breach of the Peace, and Threatening. "

SUMMARY

New York responded to the September 11, 2001 terrorist attacks by creating the new crimes of terrorism, hindering prosecution of terrorism, soliciting or providing support for an act of terrorism, and making a terrorist threat. It also amended existing laws by expanding the definition of first-degree murder (which is punishable by the death penalty) to include killing someone in furtherance of an act of terrorism and expanding and increasing penalties for the crimes of falsely reporting an incident and placing a false bomb.

New York's terrorism laws differ from Connecticut law in a number of ways.

· Connecticut's death penalty law does not specifically address terrorism as New York's does, but murders committed in terrorist acts, depending on the circumstances, could fall under Connecticut's law.

· New York's law on hindering prosecution has higher penalties and may apply more broadly than Connecticut's because of its different knowledge requirement and because it applies to out-of-state terrorist acts.

· New York's crime of solicitation and support of terrorist acts may be broader than Connecticut law because it applies to out-of-state terrorist acts and because it has a different intent requirement. But Connecticut law provides higher penalties when more serious crimes are involved.

· Connecticut's threatening law is broader than New York's, but New York provides higher penalties.

· The Connecticut and New York false reporting laws are similar. Connecticut has the same or higher penalties than New York under most circumstances. But New York's penalties are higher when a false report about a fire, explosion, or release of a hazardous substance relates to certain places, such as sports stadiums, mass transportation facilities, and public buildings.

· New York's law on placing false bombs provides higher penalties than Connecticut law when the false bomb is located in certain places, such as sports stadiums, mass transportation facilities, and public buildings.

· Connecticut law punishes placing an imitation hazardous substance while New York does not specifically do so.

NEW YORK'S DEFINITION AND CRIME OF TERRORISM

New York's new law defines an act of terrorism and a crime of terrorism. It provides higher penalties for existing crimes when they are done with terrorist intent. Connecticut does not have any specific terrorism crimes.

Crime of Terrorism

In New York, a person commits the crime of terrorism if he commits a specified offense with the intent to:

1. intimidate or coerce a civilian population;

2. influence the policy of a government unit by intimidation or coercion; or

3. affect the conduct of a government unit by murder, assassination, or kidnapping.

"Specified offenses" are:

1. class A felonies other than controlled substance offenses,

2. violent felony offenses,

3. second-degree manslaughter,

4. first-degree criminal tampering (tampering with public utilities to interrupt or impair service), and

5. attempt or conspiracy to commit any of these crimes.

The legislation refers to this definition in several of the new crimes it creates.

The punishment for this crime depends on the specified offense that was committed. The new law imposes penalties higher than the normal penalties for these crimes (S 70002 (2001 Chapter 300)). The table below displays possible prison terms for these crimes.

Under New York's sentencing laws, higher penalties can apply to offenders with previous felony convictions.

Definition of "Act of Terrorism"

New York defines an "act of terrorism" as committing a specified offense in New York or an offense with all the essential elements of a specified offense in a jurisdiction in or outside the U. S. with the intent to:

1. intimidate or coerce a civilian population;

2. influence the policy of a government unit by intimidation or coercion; or

3. affect the conduct of a government unit by murder, assassination, or kidnapping (S 70002 (2001 Chapter 300)).

This definition applies to New York's crimes of hindering prosecution and soliciting and providing support for acts of terrorism. This is important because it broadens these statutes to punish someone who helps terrorists in New York even though the terrorist act is committed someplace else, even outside the U. S. This is discussed more fully below in the sections dealing with these two crimes.

DEATH PENALTY

New York

In New York, the definition of first-degree murder includes intentionally causing the death of another to further an act of terrorism. First-degree murder is punishable by death, life in prison without the possibility of parole, or a sentence with a minimum of 20 to 25 years and a maximum of life imprisonment (S 70002 (2001 Chapter 300)). For purposes of this crime, an act of terrorism must also include a violent act dangerous to human life that violates the criminal law.

Murder in the course of a terrorist act is also an aggravating factor that the jury weighs against mitigating evidence when deciding whether to impose the death penalty.

Connecticut

In Connecticut, a person convicted of a capital felony can be sentenced to the death penalty or life imprisonment without the possibility of release. A person commits a capital felony when he commits certain types of murder. Depending on the circumstances, the law could cover a murder committed as an act of terrorism, such as when the victim is a law enforcement officer acting within the scope of his duties or two or more people are murdered at the same time (CGS § 53a-54b).

After conviction for a capital felony, the law requires a separate sentencing hearing to weigh mitigating and aggravating factors to decide whether to impose the death penalty. The law lists a number of aggravating factors. Depending on the circumstances, these could cover a murder committed as an act of terrorism, such as committing the offense knowingly creating a grave risk of death to a person in addition to the victim, committing the offense with an assault weapon, or if the perpetrator had two previous felony convictions involving serious bodily injury (CGS § 53a-46a).

Comparison

New York's death penalty law specifically addresses terrorism both in the definition of the crime (first-degree murder) that makes someone eligible for the death penalty and in the aggravating factors that are considered when deciding whether to impose the death penalty. Connecticut's law does not specifically address terrorism but murders committed in terrorist acts, depending on the circumstances, could fall under this law.

HINDERING PROSECUTION

New York

In New York, a person commits the crime of hindering prosecution of terrorism in the second degree if he renders criminal assistance to a person he knows or believes engaged in an act of terrorism. This crime is punishable as a class C violent felony with three and one-half to 15 years in prison.

A person commits this crime in the first degree if the person assisted committed an act of terrorism that caused the death of someone other than a participant in the act. This is punishable as a class B violent felony with five to 25 years in prison (S 70002 (2001 Chapter 300)).

A person renders criminal assistance when he intends to prevent, hinder, or delay the discovery or apprehension of, or criminal charges against, a person he knows or believes has committed a crime or is sought by law enforcement officials for a crime or intends to assist a person in benefiting from a crime and he:

1. harbors or conceals the person;

2. warns the person of his impending discovery or apprehension;

3. provides the person with money, transportation, a weapon, disguise, or other means to avoid discovery or apprehension;

4. prevents or obstructs by force, intimidation, or deception, anyone from performing an act that might aid discovery or apprehension of the person or the lodging of charges against him;

5. conceals, alters, or destroys physical evidence that might aid the discovery, apprehension, or lodging of charges against the person; or

6. aids the person to protect or profit from an advantage derived from the crime.

Connecticut

A person commits hindering prosecution in the first degree when he renders criminal assistance to someone who has committed a class A or B felony or an unclassified offense that carries a possible prison term of more than 10 years. Hindering prosecution is a class D felony and carries a prison term of one to five years (CGS § 53a-166).

A person commits hindering prosecution in the second degree when he renders criminal assistance to someone who has committed a class C or D felony or an unclassified offense that carries a maximum penalty of between one and 10 years. This is a class A misdemeanor punishable by up to one year in prison (CGS § 53a-167).

Someone "renders criminal assistance" when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom he knows or believes has committed a felony or is being sought by law enforcement officials for the commission of a felony, or with intent to assist someone in profiting or benefiting from the commission of a felony, he:

1. harbors or conceals him;

2. warns him of impending discovery or apprehension;

3. provides him with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension;

4. prevents or obstructs, by means of force, intimidation, or deception, anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a criminal charge against him;

5. suppresses, by an act of concealment, alteration, or destruction, any physical evidence which might aid in his discovery or apprehension or in the lodging of a criminal charge against him; or

6. aids him to protect an advantage or profit derived from such crime (CGS § 53a-165).

Comparison

The Connecticut and New York statutes are very similar. But New York's law is broader because a person can commit hindering prosecution if he knows or believes that the person he assists committed an act of terrorism. Connecticut's law is limited to situations where the person assisted actually committed the crime.

New York's law is also broader because of the way "act of terrorism" is defined (see above). The definition includes acts that are specified offenses in New York or their equivalent in any jurisdiction in the world. This is important because the statute punishes someone who helps terrorists in New York even though the terrorist act they commit occurs someplace else, even outside the U. S. Connecticut law does not specifically address this type of conduct, and it is unclear whether Connecticut law punishes it.

New York's law also provides higher penalties. Under Connecticut law, the penalty is either up to one year in prison or one to five years depending on the seriousness of the crime committed. New York's penalties are either three and one-half to 15 years or, if the act caused death, five to 25 years.

SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM

New York

In New York, a person commits the crime of soliciting or providing support for an act of terrorism in the second degree if he raises, solicits, collects, or provides material support or resources with the intent that it be used in whole or part to plan, prepare, carry out, or aid a terrorist act or to conceal a terrorist act or escape from it. This is punishable as a class D violent felony with two to seven years in prison.

A person commits this crime in the first degree if the value of material support or resources given exceeds $ 1,000. This is punishable as a class C violent felony with three and one-half to 15 years in prison (S 70002 (2001 Chapter 300)).

"Material support or resources" is currency, 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. It does not include medicine or religious materials.

Connecticut

A person who acts with the mental state required for the commission of a crime, who solicits, requests, commands, importunes, or intentionally aids another person to engage in conduct which constitutes a crime is criminally liable for such conduct and may be prosecuted and punished as if he were the principle offender (CGS § 53a-8(a)).

A conviction under this statute requires proof of a dual intent. The accessory must have the intent to aid the principal and the intent to commit the offense with which he is charged (State v. Delgado, 247 Conn. 616, 621, (1999)).

Comparison

It appears that at least in some respects, New York's law is broader. Under New York's law, the state must prove that the offender intended to aid in the terrorist act; under Connecticut's law, it must prove he intended to help and that he had the same state of mind as the offender. For example, it would require that the person who assisted a terrorist to commit murder have the state of mind to cause the death of another person (State v. Delgado, at 621).

New York's law is also broader because of the way "act of terrorism" is defined (see above). The definition includes acts that are specified offenses in New York or their equivalent in any jurisdiction inside or outside the U. S. This is important because the statute punishes someone who helps terrorists in New York even though the terrorist act they commit occurs someplace else. Connecticut law does not specifically address this type of conduct and it is unclear whether Connecticut law punishes it.

New York's law also specifies more conduct that is considered "material support or resources. " Connecticut's law is written generally and appears to cover this conduct.

On the other hand, Connecticut's penalties are stronger for more serious crimes. For example if the terrorist commits murder, the person who aided him faces a seven-year sentence in New York; in Connecticut he faces 25 to 60 years.

MAKING A TERRORIST THREAT

New York

In New York, a person commits the crime of making a terrorist threat if he:

1. intends to intimidate or coerce a civilian population, influence the policy of a government unit by intimidation or coercion, or affect the conduct of a government unit by murder, assassination, or kidnapping;

2. threatens to commit or cause the commission of a specified offense (these offenses are listed above under New York's definition and crime of terrorism); and

3. causes a reasonable expectation or fear of the imminent commission of the offense (S 70002 (2001 Chapter 300)).

This crime is punishable as a class D violent felony with two to seven years in prison. It is not a defense if the defendant did not have the intent or capability of committing the offense or the threat was not made to the person who was a subject of the threat.

Connecticut

A person is guilty of threatening in the first degree when he (1) threatens to commit any crime of violence or a crime involving using a hazardous substance with the intent to terrorize another, to cause evacuation of a building, place of assembly, or public transportation facility, or otherwise to cause serious public inconvenience or (2) threatens to commit such crime in reckless disregard of the risk of causing terror, evacuation, or inconvenience.

A hazardous substance is a physical, chemical, biological, or radiological substance or matter that can cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health. This crime is a class D felony punishable by one to five years in prison (PA 01-2, Nov. Special Session § 7).

A person is guilty of threatening in the second degree when, by physical threat, he intentionally places or attempts to place another person in fear of imminent, serious physical injury. This is a class A misdemeanor punishable by up to one year in prison (CGS § 53a-62, as amended by PA 01-2, Nov. Special Session § 8).

Another law that could be used against those who make terrorist threats is the law against harassment. This law makes it a class D felony (punishable by one to five years in prison) for certain convicted felons to intentionally harass, annoy, alarm, or terrorize another person by threatening to kill or physically injure him or someone else. The penalty applies if the convicted felon communicates the threat by telephone, telegraph, mail, or any other writing (CGS § 53a-182b). Otherwise harassment is a class C misdemeanor punishable by up to three months in prison.

Another law makes it illegal for someone to falsely report an incident. Because of the wording used in this law, it also might apply to threats. We discuss it in detail below.

Comparison

Connecticut's first degree threatening statute addresses threats done with intent to terrorize or cause evacuation or serious public inconvenience. This probably covers more conduct than New York's crime of making a terrorist threat. Connecticut's law is also broader because it includes actions taken in reckless disregard of the risk of causing terror, evacuation, or inconvenience while New York's statute only punishes intentional acts.

But New York's law also applies to the crime of first-degree criminal tampering (with public utilities to interrupt or impair service). Because Connecticut's law applies to threats to commit violent crimes, it does not appear to cover this conduct.

New York's law has higher penalties. Connecticut's first degree crime is punishable by one to five years in prison while New York provides two to seven years in prison. The other Connecticut statutes that may apply also have lesser penalties: one to five years for a convicted felon punishable under the harassment statute and up to one year under the second-degree threatening statute.

FALSELY REPORTING AN INCIDENT

New York

In New York, a person commits the crime of falsely reporting an incident in the third degree if, knowing the information is false, he:

1. reports or warns of a crime, catastrophe, or emergency when it is likely to cause public alarm or inconvenience;

2. reports to or warns an emergency organization of a catastrophe or emergency; or

3. reports an offense or incident or that one will occur to a law enforcement agency or gives false information relating to an actual offense or incident.

This is a class A misdemeanor punishable by up to one year in prison (S 70003 (2001 Chapter 301)).

A person commits the crime of falsely reporting an incident in the second degree if he falsely (1) reports or warns of a fire, explosion, or release of a hazardous substance or (2) reports to or warns an emergency organization of a fire, explosion, or release of a hazardous substance. It is also a crime if the false report relates to private premises. This is a class E violent felony offense, punishable by one and one-half to four years in prison (S 70003 (2001 Chapter 301)).

A person commits the crime of falsely reporting an incident in the first degree if he (1) falsely reports or warns of a fire, explosion, or release of a hazardous substance at a sports stadium, mass transportation facility, enclosed shopping mall, public place or building, or school grounds (when people are likely to be there); (2) commits certain types of the second degree crime for the second time; or (3) makes a false warning and an emergency worker or other person is seriously injured or dies under certain circumstances. This crime is a class D violent felony offense punishable by two to seven years in prison (S 70003 (2001 Chapter 301)).

The law defines a "hazardous substance" as a physical, chemical, microbiological, or radiological substance or matter that can cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health (NY Penal Law § 240. 00).

Connecticut

A person commits false reporting in the first degree if, knowing the information reported is false or baseless, he (1) initiates or circulates a false report or warning of an alleged or impending occurrence of a fire, explosion, catastrophe, or emergency under circumstances in which it is likely that public alarm or inconvenience will result or (2) reports to any official who deals with emergencies involving danger to life or property, an alleged or impending occurrence of a fire, explosion, catastrophe, or emergency which does not in fact occur. This is a class D felony punishable by one to five years in prison (CGS § 53a-180, as amended by PA 01-2, Nov. Special Session § 1).

A person commits second degree false reporting if he gratuitously reports to a law enforcement officer or agency, knowing the information is false or baseless, (1) the alleged occurrence or impending occurrence of an offense or incident that did not or will not occur or (2) false information relating to an actual offense or incident or alleged implication of someone. This is a class A misdemeanor, punishable by up to one year in prison (PA 01-2, Nov. Special Session § 2). If the false report alleges the occurrence or impending occurrence of serious physical injury or death, it is a class D felony, punishable by one to five years in prison (CGS § 53a-180b, as amended by PA 01-2, Nov. Special Session § 3).

If serious injury or death occurs because of a false report, it is a class C felony punishable by one to ten years in prison (CGS § 53a-180a, as amended by Nov. Special Session PA 01-2, § 4).

Comparison

Both Connecticut and New York provide the same penalties for false reports to law enforcement about crimes. But if the false report alleges someone will suffer serious injury or death, Connecticut provides higher penalties (one to five years in prison). New York law also refers to false reports about crimes in general. Connecticut law does not, but most

violent criminal conduct, or its consequences, is probably covered by the terms catastrophe and emergency. In these circumstances, Connecticut would provide higher penalties: one to five years compared to up to one year.

Connecticut has higher penalties for false reports about catastrophes and emergencies: one to five years compared to up to one year. Connecticut has higher penalties for false reports to emergency officials: one to five years in prison while New York provides up to one year or one and one-half to four years depending on what the false report is about.

Depending on the circumstances, Connecticut has higher penalties for false reports about a fire or explosion: one to five years compared to one and one-half to four years. But New York has higher penalties (two to seven years in prison) if the report relates to a sports stadium, mass transportation facility, enclosed shopping mall, public place or building, or school grounds.

New York's law also specifically addresses false reports about the release of hazardous substances. This conduct is likely covered by Connecticut law as a false report about a catastrophe or emergency. Depending on the circumstances, Connecticut law provides higher penalties: one to five years compared to one and one-half to four years. But New York has higher penalties (two to seven years in prison) if the false report relates to a sports stadium, mass transportation facility, enclosed shopping mall, public place or building, or school grounds.

New York also punishes certain repeat offenders with two to seven years in prison.

Connecticut law also provides higher penalties when serious injury or death occurs because of the false report (one to 10 years). New York's law provides two to seven years in prison only when an emergency worker, employee, or volunteer is seriously injured or killed or an emergency vehicle responding to the false warning seriously injures or kills someone.

PLACING A FALSE BOMB OR FALSE HAZARDOUS SUBSTANCE

New York

In New York, a person commits the crime of placing a false bomb in the second degree if he (1) places an object that appears to be an explosive but is an inoperative imitation of one; (2) he knows, intends, or reasonably believes that the object will appear as a bomb; and (3) under the circumstances it will likely cause public alarm or inconvenience. This is a class E violent felony offense punishable by one and one-half to four years in prison (S 70003 (2001 Chapter 301)).

In New York, a person commits the crime of placing a false bomb in the first degree if he places a false bomb on school grounds or in a public building or place. This is a class D violent felony offense, punishable by two to seven years in prison (S 70003 (2001 Chapter 301)).

In New York, placing a false bomb in a sports stadium or arena, mass transportation facility, or enclosed shopping mall is a class D violent felony offense, punishable by two to seven years in prison (S 70003 (2001 Chapter 301)).

Connecticut

A person commits breach of peace in the first degree when, with intent to cause inconvenience, annoyance, or alarm, or recklessly creating a risk of it, he places a nonfunctional imitation of an explosive, incendiary device, or hazardous substance in a public place or in a place or manner likely to be discovered by another person.

A hazardous substance is a physical, chemical, biological, or radiological substance or matter that can cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health.

This crime is a class D felony punishable by one to five years in prison (PA 01-2, Nov. Special Session § 5).

Comparison

Connecticut's statute is broader because it applies to placing imitation hazardous substances as well as false bombs. Depending on the circumstances, Connecticut provides higher penalties for placing a false bomb: one to five years compared to one and one-half to four years in prison. But New York's law provides higher penalties (two to seven years in prison) if the false bomb is placed on school grounds, or in a public building or place, sports stadium, mass transportation facility, or enclosed shopping mall.

Connecticut law also requires a different intent than New York. Under Connecticut law, the person must intend to cause inconvenience, annoyance, or alarm or recklessly create a risk of it while New York requires only (1) intent to place an object that will appear as a false bomb and (2) the likelihood of causing alarm or inconvenience under the circumstances.

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