Murder as a Crime of Terrorism Under New York’s Penal Law
In the early morning of December 4, 2024, Brian Thompson, CEO of UnitedHealthcare, was shot and killed by a masked assailant while walking on a street near a hotel in midtown Manhattan. Since then, Luigi Mangione has been accused of the murder in both state and federal courts here in New York. He also faces charges in Pennsylvania. The case has been covered extensively by the news and on social media. In the Manhattan Criminal Court, Mangione has been charged with, among other charges, Murder as an Act of Terrorism.
New York’s Terrorism Criminal Statutes
Under Article 490 of the Penal Law, there are several laws which criminalize various acts related to terroristic activities. Shortly after September 11, 2001, the Legislature enacted these statutes to “facilitate the prosecution and punishment of terrorists in state courts.”
Among these laws is Penal Law § 490.25, which criminalizes Crimes of Terrorism. According to this statute, a person is guilty of the offense when “with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping, he or she commits a specified offense.” For this, a “specified offense” can be any class A felony (other than drug offenses), any violent felony, manslaughter in the second degree, and many other offenses as listed in Penal Law § 490.05(3).
Additionally, Legislators added a new subsection to Murder in the First Degree. Now, under Penal Law § 125.27(1)(a)(xiii), a person can be charged with Murder as an Act of Terrorism. This crime can be charged when an actor intends to cause the death of another person, and they cause the death of that person or someone else and the victim was killed in furtherance of an act of terrorism.
State Terrorism Charges in Healthcare CEO Murder Case
According to the indictment, the District Attorney’s Office has charged Mangione with Murder as an Act of Terrorism. In the indictment filed in Manhattan Criminal Court, Mangione is accused of murdering Brian Thompson “in furtherance of an act of terrorism, involving a violent act and acts dangerous to human life that were in violation of the criminal laws of this state and were intended to intimidate or coerce a civilian population, influence the policies of a unit of government by intimidation or coercion, and affect the conduct of a unit of government by murder, assassination or kidnapping.”
Interestingly, according to news sources, the charge against Mangione has been the top count in only three other cases statewide. In 2011, the Appellate Division, First Department reversed a conviction for manslaughter as an act of terrorism. Specifically, the court found that members of rival Mexican-American gangs in a particular area of the Bronx did not qualify as “a civilian population.”
In that case, the Appellate Division stated “the Legislature intended to address extraordinary criminal acts perpetrated for the purpose of intimidating a broad range of people, not a narrowly defined group of particular individuals whom the criminal actor happens to regard as adversaries. … The intention by a gang member to intimidate members of rival gangs, when not accompanied by an intention to send an intimidating or coercive message to the broader community, does not, in our view, meet the statutory standard.”
Federal Charges in Healthcare CEO Murder Case
Interestingly enough, Mangione hasn’t yet been charged with terrorism by the federal government. According to the complaint filed in the District Court for the Southern District of New York, he is charged with two counts of stalking, murder through use of a firearm, and a firearms offense.
In this case, the significance of the federal charges is the possibility of the Government seeking the death penalty. In New York, the statute authorizing the death penalty was declared unconstitutional in 2004. As such, Mangione cannot face such a possible sentence under the state criminal charges. However, for the federal charge of murder through use of a firearm, the death penalty is a possible sentence. As of the publishing of this blog, the Government has not indicated whether it will seek such a sentence if there is a conviction.
References:
- Jennifer Peltz, “How New York prosecutors used a terrorism law in the charges against Luigi Mangione,” The Associated Press (Dec. 18, 2024). Available at: https://apnews.com/article/unitedhealthcare-ceo-killing-luigi-mangione-terrorism-law-7fcb28dcc0106c980b6ecf4aa9cf682f (last accessed Dec. 27, 2024).
- Hurubie Meko, “In C.E.O. Murder Case, a Test of New York’s Antiterrorism Laws,” The New York Times (Dec. 26, 2024). Available at: https://www.nytimes.com/2024/12/26/nyregion/luigi-mangione-terrorism-charge.html (last accessed Dec. 27, 2024).
- People v. Morales, 86 A.D.3d 147 (1st Dept. 2011).
Image: Image by rawpixel.com