§ 176. — Seizure, forfeiture, and destruction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC176]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 10--BIOLOGICAL WEAPONS
Sec. 176. Seizure, forfeiture, and destruction
(a) In General.--(1) Except as provided in paragraph (2), the
Attorney General may request the issuance, in the same manner as
provided for a search warrant, of a warrant authorizing the seizure of
any biological agent, toxin, or delivery system that--
(A) pertains to conduct prohibited under section 175 of this
title; or
(B) is of a type or in a quantity that under the circumstances
has no apparent justification for prophylactic, protective, or other
peaceful purposes.
(2) In exigent circumstances, seizure and destruction of any
biological agent, toxin, or delivery system described in subparagraphs
(A) and (B) of paragraph (1) may be made upon probable cause without the
necessity for a warrant.
(b) Procedure.--Property seized pursuant to subsection (a) shall be
forfeited to the United States after notice to potential claimants and
an opportunity for a hearing. At such hearing, the Government shall bear
the burden of persuasion by a preponderance of the evidence. Except as
inconsistent herewith, the same procedures and provisions of law
relating to a forfeiture under the customs laws shall extend to a
seizure or forfeiture under this section. The Attorney General may
provide for the destruction or other appropriate disposition of any
biological agent, toxin, or delivery system seized and forfeited
pursuant to this section.
(c) Affirmative Defense.--It is an affirmative defense against a
forfeiture under subsection (a)(1)(B) of this section that--
(1) such biological agent, toxin, or delivery system 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.
(Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202; amended
Pub. L. 103-322, title XXXIII, Sec. 330010(16), Sept. 13, 1994, 108
Stat. 2144; Pub. L. 107-188, title II, Sec. 231(c)(3), June 12, 2002,
116 Stat. 661.)
References in Text
The customs laws, referred to in subsec. (b), are classified
generally to Title 19, Customs Duties.
Amendments
2002--Subsec. (a)(1)(A). Pub. L. 107-188 substituted ``pertains to''
for ``exists by reason of''.
1994--Subsec. (b). Pub. L. 103-322 substituted ``the Government''
for ``the government''.
