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

Summary

Making, producing, stockpiling, transferring, buying, keeping, or helping others do those things with biological agents, toxins, or delivery systems to use as weapons is a crime. People who do, try, threaten, or plan those acts can be fined, put in prison for life or for any number of years, or both. The United States can charge these crimes even if they happen abroad when a U.S. national is involved. Knowing possession of these agents, toxins, or delivery systems in types or amounts that are not reasonably needed for prevention, protection, real research, or other peaceful uses can lead to a fine, up to 10 years in prison, or both. That does not cover agents or toxins left in nature if they have not been cultivated, collected, or otherwise extracted. The phrase "for use as a weapon" means doing these things for anything other than prevention, protection, legitimate research, or peaceful uses.

Title 18, §175

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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)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.

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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”.

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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

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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.”

§175 Prohibitions with Respect to Biological Weapons

Summary

Title 18, §175

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