What is defined as domestic terrorism, and what does it actually mean?
Mar 28, 2025
AUSTIN (KXAN) -- Police have not shared what kinds of devices they found outside of a northwest Austin Tesla facility, or how they could have started a fire earlier this week.
Though the bomb squad safely removed the devices without any damage, the situation mirrors arson and vandalism targeting
the electric vehicle company across the country and the world.
‘Incendiary’ devices found at Austin Tesla showroom
The FBI created a new task force this week to investigate threats against the company owned by Elon Musk, and Trump administration leaders are calling these incidents domestic terrorism.
KXAN wanted to dig deeper into what that could mean with Logan Campbell, a criminal defense attorney with Gergen, Hale and Campbell, LLP.
Read a full transcription of that discussion below, or watch in the video player above. Some responses have been edited for clarity.
Avery Travis: We know that the definitions when it comes to some of these legal charges can get a little complicated, but we want to start with historically, what has been considered domestic terrorism, and then, how do acts like this fit into that definition?
Logan Campbell: Right. That's a really good question, because while we are seeing throughout the country, a lot of these attacks on Tesla facilities being labeled as domestic terrorism. Actually, under the current federal law... There's not a stand-alone crime specific toward domestic terrorism. In other words, the federal government does not necessarily charge an individual with just domestic terrorism. Instead, what they would do is they would charge someone with an underlying crime, a current federal crime that more so would align with domestic terrorism. Specifically, what we're seeing now throughout the country on some of the already attacks on Tesla facilities is that federal prosecutors will charge individuals with arson, with destruction of property as well as illegal use of a firearm.
Will DuPree: Now, you just mentioned there that the U.S. does not have any kind of federal domestic terrorism law, but at least 32 states, including right here in Texas, do. So what does Texas' law look like in that regard?
Campbell: Similar to federal law here in the state of Texas, a lot of times what you'll see is the underlying law charge being arson as well as criminal mischief. Criminal mischief more so aligns with destruction of property. And there is a terroristic threat statute that can start off as a misdemeanor but can go up to a felony in severity if it's made, if a threat is made on a public building in other situations.
DuPree: What kind of punishment does a charge like that carry with it?
Campbell: I'm going to give you my very broad law school answer, which is, it depends. It all depends on the severity of the crime, the allegation, as well as an individual's criminal history, whether they are a first time offender or repeat offender. I will add, though, that under federal law, there is what's called a terrorism enhancement. So just broadly speaking, broadly giving a definition of domestic terrorism under federal law, it's any illegal act or any violent act that is committed with the intention to either coerce a civilian population or to, you know, coerce government policy or government conduct. And so how you see that play out in the real world is, again, the state or federal government will charge someone with an underlying crime. I'll use arson again as an example, and that if it is shown during trial that that individual's actions were committed within that terrorism enhancement, then it certainly increases penalties. And again, it depends, but it can range from anywhere from 15 years, up to life in prison.
Travis: With Tesla being headquartered here in Austin, there's been a lot of focus on Texas. We heard from Texas Attorney General Ken Paxton, who said he would step in to assist in any way, I believe to 'bring these perpetrators to justice.' So what role would the attorney general or Texas leaders play in any of these cases? Would a local district attorney or prosecutor have to bring these cases against a perpetrator.
Campbell: A lot of times, it'll depend on which law enforcement agency is investigating or filing the case. Let's say the FBI, which is a federal law enforcement agency, is investigating, and they file the case with the U.S. Attorney's Office. In that situation, the case would be tried and prosecuted in the U.S. District Court. Here locally, you can have the Austin Police Department or the Travis County Sheriff's Office also investigating these crimes mentioned earlier. You are saying criminal mischief. These are all state charges that are similar to federal charges, and if that's the case, then yes, they can file the charges here at the local DA's office, not just in Austin, but throughout the counties in Texas.
DuPree: We were mentioning there that the federal government could step in to be able to investigate some of these instances. We don't know if that's for sure the case here in Austin just yet, but would that supersede what's happening more at the state or local level?
Campbell: More than likely, yes. Federal law does supersede state law. A lot of times. You can see cases initially filed at the DA's office on the state level, and then you can have a federal prosecutor come and take that charge. That doesn't necessarily mean that the state charge will go away altogether, but realistically, what often happens is you can have a federal grand jury indict an individual for the same crime that was committed and filed in state court, and that case will take precedent or take priority. ...read more read less