Possession, threatened or attempted use of weapon of mass destruction for act of terrorism; penalty

A person who, without lawful authority, possesses, uses, threatens, or attempts or conspires to possess or use a weapon of mass destruction in furtherance of an act of terrorism is guilty of a felony and upon conviction: (1) in cases resulting in the death of another person, must be punished by death or by imprisonment for life; or (2) in cases which do not result in the death of another person, must be punished by imprisonment for not less than twenty-five years nor more than life.