Civic Register
| 10.2.17

Was the Las Vegas Shooting Terrorism?

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What’s the story?

The mass shooting in Las Vegas, with a current death toll of 58 and number of injured at 515, is undeniably one of the single most deadly shootings in U.S. history. But is it legally considered terrorism?

Why does it matter?

As explained by Countable following the murder of anti-racism protester Heather Heyer in Charlottesville, VA, there is technically no charge of "domestic terrorism" possible under federal law:

"According to the Lawfare blog, ‘Domestic terrorism does not exist as a substantive offense under federal law....There is no such crime.’"

However, the federal government does have a definition of "domestic terrorism" on the books. If an act of violence is designated as domestic terrorism by the federal government then a whole host of resources are tapped to pursue an investigation. This was highlighted by Rep. Jim Himes (D-CT) in a tweet this morning:

In the end, though, criminal charges will be brought by the state where the crime was committed. In this case, unlike the federal statute, which focuses largely on the "political" intent of the person committing an act of violence, Nevada has a law regarding terrorism, which focuses simply on the intent to harm. The law states that an “act of terrorism” is any “use or attempted use of sabotage, coercion or violence which is intended to cause great bodily harm or death to the general population.”

Stephen Paddock is dead; according to all accounts he took his life as the police entered his hotel room. However, the police do have an associate in custody, Marilou Danley, and it’s possible she will face criminal charges.

As police further investigate and America seeks to understand this tragic event, we will find out if the law enforcement community considers Paddock’s senseless killing as an act of terrorism. According to Nevada's state law it may constitute an terrorism, but it is less clear how the federal government will define this attack.

Lawmakers and the public were quick to raise the idea of domestic terrorism after Charlottesville. Sen. Cory Gardner (R-CO) tweeted this:

Some lawmakers, though not many, were equally clear after last night’s shooting in Las Vegas about labelling it an "act of terror." Sen. James Lankford (R-OK) tweeted:

But calling it an "act of terror" is not the same thing as an “act of domestic terrorism.” An act of domestic terrorism has legal implications at the state and federal level that can influence investigations and prosecutions. An act of terror technically has no legal implications.

What do you think?

Should the shooting in Las Vegas be investigated as terrorism? What other actions, if any, should lawmakers pursue in response to this tragedy?

Tell us in the comments what you think, then use the Take Action button to tell your reps!

— Asha Sanaker

(Photo Credit: The Straits Times via Twitter)

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