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18 U.S.C. § 177Injunctions

submitted 36 years ago by Pub. L. 101-298 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 153 words · no verdicts yet

in plain englishAI-generated · not legal advice

The federal government can sue in civil court to stop someone from making, using, or possessing illegal biological weapons, or even preparing or conspiring to. A person can defend against this by proving the activity is for a genuine peaceful purpose.

(a) In General: The United States may obtain an injunction in a civil action against: (1) conduct prohibited under section 175 of this title; (2) preparing, soliciting, attempting, threatening, or conspiring to engage in conduct prohibited under section 175; or (3) developing, producing, stockpiling, transferring, acquiring, keeping, or possessing — or attempting to do any of these — a biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for a prophylactic, protective, or other peaceful purpose. (b) Affirmative Defense: Against an injunction sought under subsection (a)(3), it is an affirmative defense that: (1) the conduct sought to be stopped is for a prophylactic, protective, or other peaceful purpose; and (2) the biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 104–132, title V, § 511(b)(2), Apr. 24, 1996, 110 Stat. 1284.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-298 · 104 Stat. 202
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1284

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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