Title 18, Crimes and Criminal ProcedureRelease 119-110

§175 Prohibitions with Respect to Biological Weapons

Title 18 › PART I — CRIMES › CHAPTER 10 — BIOLOGICAL WEAPONS › § 175

Last updated Sep 22, 2026|Official source

Summary

It is a crime to knowingly make, keep, move, buy, sell, or help others do those things with biological agents, toxins, or delivery systems if they are meant to be used as weapons, or to try, threaten, or plan such acts. Punishments can include a fine, life in prison, a prison term of any length, or both. The U.S. can prosecute these crimes even when a U.S. national is involved outside the country. It is also a crime to knowingly possess such agents or delivery systems in types or amounts that cannot be reasonably explained by prevention, protection, legitimate research, or other peaceful uses. That offense can bring a fine and up to 10 years in prison. Naturally occurring agents left in their natural source and not collected, grown, or extracted are not covered. "For use as a weapon" means any of these actions done for other than prevention, protection, legitimate research, or peaceful uses.

Full Legal Text

Title 18, §175

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—
Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States.
(b)Additional Offense.—
Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms “biological agent” and “toxin” do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.
(c)Definition.—
For purposes of this section, the term “for use as a weapon” includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (c). Pub. L. 107–188 substituted “protective, bona fide research, or other peaceful purposes” for “protective bona fide research, or other peaceful purposes”. 2001—Subsec. (b). Pub. L. 107–56, § 817(1)(C), added subsec. (b). Former subsec. (b) redesignated (c). Pub. L. 107–56, § 817(1)(A), substituted “includes” for “does not include” and inserted “other than” after “delivery system for” and “bona fide research” after “protective”. Subsec. (c). Pub. L. 107–56, § 817(1)(B), redesignated subsec. (b) as (c). 1996—Subsec. (a). Pub. L. 104–132 inserted “or attempts, threatens, or conspires to do the same,” before “shall be fined under this title”.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 101–298, § 1,
May 22, 1990, 104 Stat. 201, provided that: “This Act [enacting this chapter and amending section 2516 of this title] may be cited as the ‘Biological Weapons Anti-Terrorism Act of 1989’.” Purpose and Intent Pub. L. 101–298, § 2,
May 22, 1990, 104 Stat. 201, provided that: “(a) Purpose.—The purpose of this Act [see

Short Title

note above] is to—“(1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and “(2) protect the United States against the threat of biological terrorism. “(b) Intent of Act.—Nothing in this Act is intended to restrain or restrict peaceful scientific research or development.”

Reference

Citations & Metadata

Citation

18 U.S.C. § 175

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110