Terrorism bill would strengthen prosecutors hand, proponents say

February 17, 2004
By: Aaron Kessler
State Capital Bureau - [email protected]

JEFFERSON CITY - Missouri prosecutors need more power to go after those threatening terrorist acts, law enforcement officials told a House committee Tuesday.

Despite the tightening of federal laws in the wake of the September 11th attacks, Newton County Sheriff Ron Doerge told the House Homeland Security Committee that Missouri's statutes do not provide enough power to local prosecutors to put those making threats in jail.

"Anyone who promotes death and destruction, that's not free speech, that's terrorism," Doerge said.

While threatening someone directly is a punishable offense, Doerge said Missouri law has not kept pace with new technology -- particularly the internet. The loopholes in the law have allowed the web to become a breeding ground for terrorists of all stripes, Doerge said, while local prosecutors can only throw up their hands.

"There's nothing they can do," Doerge said.

Currently, such online threats are not considered criminal because they technically are made through a surrogate -- the internet.

Rep. Kevin Wilson, R-Neosho, is sponsoring the measure, and said the "right definition of terrorism is not clearly defined."

The bill, modeled after similar legislation in California, would make it illegal to make a terrorist threat "through the use of an electronic device." It also creates the crime of "computer dissemination of information to promote a terrorist act."

The proposed law would also more specifically define what is meant by a "terrorist act." It would include for example such things as destroying communications systems or computer networks, and causing substantial damage to buildings, transportation systems, or power plants.

A separate section of the proposal would also ban cross-burning.

No witnesses testified against the proposal Tuesday. However, several members of the committee voice their concerns over whether a new law was needed.

"What about the current federal law?" said Rep. Joe Smith, R-St. Charles. "There's nothing in there to prevent this kind (of terrorism)?"

Wilson said while federal law does contain new provisions as part of the so-called Patriot Act, those cases would have to be tried by federal prosecutors in federal court.

"County prosecutors say they need state guidelines (to prosecute)," Wilson said.

The bill is expected to be voted on by the committee in the next few weeks.