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

Summary

The Attorney General can ask a judge for a warrant to seize any biological agent, toxin, or delivery device that is linked to certain federal crimes or that appears to have no valid protective or peaceful use. In an emergency, officials may seize and destroy such items without a warrant if they have good reason to believe the items fit those descriptions. Seized items become U.S. property after owners get notice and a chance for a court hearing. The government must show it is more likely than not that seizure was proper. Customs-forfeiture rules apply. The Attorney General may order destruction or other disposal. A person can avoid forfeiture by proving the item was for peaceful purposes (like prevention or protection) and the amount was reasonable for that use.

Title 18, §176

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that—

(A)pertains to conduct prohibited under section 175 of this title; or

(B)is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

(2)In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.

(b)Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.

(c)It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that—

(1)such biological agent, toxin, or delivery system 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

2002—Subsec. (a)(1)(A). Pub. L. 107–188 substituted “pertains to” for “exists by reason of”. 1994—Subsec. (b). Pub. L. 103–322 substituted “the Government” for “the government”.

§176 Seizure, Forfeiture, and Destruction

Summary

Title 18, §176

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata