§177 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The U.S. may get a court order to stop three things: acts banned by section 175, planning or trying to do those acts, or making, keeping, or moving biological agents, toxins, or delivery systems when their type or amount has no clear protective or peaceful use. For that third case, a person can avoid the order by proving the activity was for preventive, protective, or other peaceful purposes and that the type and quantity were reasonable.

Title 18, §177

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The United States may obtain in a civil action an injunction against—

(1)the conduct prohibited under section 175 of this title;

(2)the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 175 of this title; or

(3)the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

(b)It is an affirmative defense against an injunction under subsection (a)(3) of this section that—

(1)the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and

(2)such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.

Editorial Notes

Amendments

1996—Subsec. (a)(2). Pub. L. 104–132 inserted “threat,” after “attempt,”.

§177 Injunctions

Summary

Title 18, §177

Notes & Related Subsidiaries

Editorial Notes

Amendments

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