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CITE

    18 USC Sec. 175                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 10 - BIOLOGICAL WEAPONS

HEAD

    Sec. 175. Prohibitions with respect to biological weapons

STATUTE

      (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.

SOURCE

    (Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 201;
    amended Pub. L. 104-132, title V, Sec. 511(b)(1), Apr. 24, 1996,
    110 Stat. 1284; Pub. L. 107-56, title VIII, Sec. 817(1), Oct. 26,
    2001, 115 Stat. 385; Pub. L. 107-188, title II, Sec. 231(c)(1),
    June 12, 2002, 116 Stat. 661.)

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, Sec. 817(1)(C), added subsec.
    (b). Former subsec. (b) redesignated (c).
      Pub. L. 107-56, Sec. 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, Sec. 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".
                                SHORT TITLE
      Section 1 of Pub. L. 101-298 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
      Section 2 of Pub. L. 101-298 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."