§ 175. — Prohibitions with respect to biological weapons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC175]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 10--BIOLOGICAL WEAPONS
Sec. 175. Prohibitions with respect to biological weapons
(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.
(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.''
Section Referred to in Other Sections
This section is referred to in sections 175a, 176, 177, 2332b, 2339,
2339A, 2516 of this title; title 10 section 382.
