§ 3502. Possession and use of weapons of mass destruction
(a) A person who knowingly and without lawful authority possesses, develops, manufactures,
produces, transfers, acquires, or stockpiles any weapon of mass destruction shall
be imprisoned not more than 20 years or fined not more than $100,000.00, or both.
(b) A person who uses or directly employs against other persons a weapon of mass destruction
in a form that may cause disabling illness or injury in human beings shall be imprisoned
not less than 20 years nor more than life and fined not more than $250,000.00.
(c) A person who uses a weapon of mass destruction in a form that may cause widespread
damage to or disruption of water or food supplies shall be imprisoned not less than
five years nor more than 30 years and fined not more than $250,000.00.
(d) A person who uses a weapon of mass destruction against livestock or crops with the
intent to cause widespread and substantial damage to livestock or crops shall be imprisoned
not more than 30 years and fined not more than $250,000.00.
(e) A person who uses a weapon of mass destruction in a form that may cause widespread
and significant damage to public or private property shall be imprisoned not more
than 30 years and fined not more than $250,000.00.
(f) A person who uses recombinant technology or any other biological advance to create
new pathogens or more virulent forms of existing pathogens for the purpose of creating
a weapon of mass destruction shall be imprisoned not more than 20 years or fined not
more than $250,000.00, or both.
(g) A person who knowingly and intentionally places a hoax weapon in any public place,
building, house, residence, facility of public transport, vehicular conveyance, train,
ship, boat, aircraft, dam or reservoir for storing water, shall be imprisoned not
more than five years or fined not more than $10,000.00, or both.
(h) No university, research institution, private company, individual, or hospital engaged
in scientific or public health research and, as required, registered with the Centers
for Disease Control and Prevention (CDC) pursuant to part 113 (commencing with Section
113.1) of subchapter E of chapter 1 of Title 9 or pursuant to Part 72 (commencing
with Section 72.1) of Subchapter E of Chapter 1 of Title 42 of the Code of Federal
Regulations, or any successor provisions, shall be subject to this section.
(i) Nothing in this section shall be construed to limit or restrict prosecution under
any other applicable laws. (Added 2001, No. 137 (Adj. Sess.), § 3.)