18 U.S.C. § 175 — Prohibitions with respect to biological weapons

submitted 36 years ago by Pub. L. 101-298 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 225 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's a federal crime to knowingly make, get, keep, or use any biological weapon, or to help another country or group do so. A related but narrower crime covers possessing biological agents in ways that aren't justified for peaceful purposes.

(a) In General: It is a crime to knowingly develop, produce, stockpile, transfer, acquire, keep, or possess any biological agent, toxin, or delivery system meant for use as a weapon. It's also a crime to knowingly help a foreign country or any organization do these things, or to attempt, threaten, or conspire to do them. Anyone convicted can be fined under this title, or imprisoned for life or any number of years, or both. U.S. courts can prosecute this crime even if it happens outside the U.S., as long as it's committed by or against a U.S. national. (b) Additional Offense: It's also a crime to knowingly possess a biological agent, toxin, or delivery system of a type or amount that isn't reasonably justified for a protective, safety-related, genuine research, or other peaceful purpose. This crime is punished by a fine under this title, up to 10 years in prison, or both. For this part, "biological agent" and "toxin" don't include agents or toxins still in their naturally occurring environment, if they haven't been cultivated, collected, or extracted from that natural source. (c) Definition: In this section, "for use as a weapon" includes developing, producing, transferring, acquiring, keeping, or possessing a biological agent, toxin, or delivery system for anything other than a protective, safety-related, genuine research, or other peaceful purpose.

the actual law source: uscode.house.gov ↗public domain

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

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-298 · 104 Stat. 201
1996Amended · Pub. L. 104-132 · 110 Stat. 1284
2001Amended · Pub. L. 107-56 · 115 Stat. 385
2002Amended · Pub. L. 107-188 · 116 Stat. 661

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-298 on 1990-05-22.

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