18 U.S.C. § 177 — Injunctions
submitted 36 years ago by Pub. L. 101-298 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 153 words · no verdicts yet
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.
The United States may obtain in a civil action an injunction against—
the conduct prohibited under section 175 of this title;
the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 175 of this title; or
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.
It is an affirmative defense against an injunction under subsection (a)(3) of this section that—
the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and
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.)
- 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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