PRIA, Government Policy, Made Personal

Summary

The United States can get a court order to stop certain actions. That includes actions banned by section 175; planning, trying, threatening, or plotting to do those banned actions; and making, producing, storing, moving, getting, keeping, or trying to do those things with biological agents, toxins, or delivery systems when the type or amount has no clear peaceful use. A person can fight that court order by proving the activity was for prevention, protection, or other peaceful uses and that the kind and amount were reasonable for that purpose.

Title 18, §177

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

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)Affirmative Defense.—

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

Citations & Metadata