Prohibitions with respect to biological weapons
Official text prohibited actmental stateif conditionpenaltylegal term
(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 , threatens, or to do the same, shall be 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 , 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.
History: (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.)
Simplified explanation
It is a federal crime to knowingly develop, make, stockpile, transfer, obtain, keep, or possess any biological agent, toxin, or delivery system for use as a weapon, or to help a foreign country or group do so. Attempts, threats, and conspiracies (agreements to commit the crime) are also crimes. A separate offense covers possessing such materials in a type or amount not reasonably justified by protective, research, or other peaceful purposes.