US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 33
                           FIREARMS, EXPLOSIVES AND
                             OTHER DEADLY WEAPONS
    18-3323.  BIOLOGICAL WEAPONS -- DEFINITIONS. (1) Any person who knowingly
develops, produces, stockpiles, transfers, acquires, retains or possesses any
biological agent, toxin or delivery system for use as a weapon, or who
knowingly assists another person or group of persons in doing so, or attempts,
threatens or conspires to do so, shall be guilty of a felony and shall be
punished by imprisonment for a term of up to and including life imprisonment
or by a fine not exceeding fifty thousand dollars ($50,000), or by both.
    (2)  As used in this section, the term "for use as a weapon" does not
include the development, production, stockpiling, transfer, acquisition,
retention or possession of a biological agent, toxin or delivery system for
prophylactic, protective or other peaceful purposes if such biological agent,
toxin or delivery system is of a type and in a quantity that is reasonable for
such purposes.
    (3)  The attorney general of the state of Idaho may obtain in a civil
action an injunction against:
    (a)  The conduct prohibited under this section;
    (b)  The preparation, solicitation, attempt, threat or conspiracy to
    engage in conduct prohibited under this section; or
    (c)  The development, production, stockpiling, 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.
    (4)  As used in this section:
    (a)  "Biological agent" means any microorganism, virus, infectious
    substance or biological product that may be engineered as a result of
    biotechnology, or any naturally occurring or bioengineered component of
    any such microorganism, virus, infectious substance or biological product
    that is capable of causing:
         (i)   Death, disease or other biological malfunction in any animal,
         including humans, or any plant or other living organism;
         (ii)  Deterioration of food, water, equipment, supplies or material
         of any kind; or
         (iii) Deleterious alteration of the environment;
    (b)  "Toxin" means the toxic material of animals, plants, microorganisms,
    viruses, fungi, infectious substances or a recombinant molecule, whatever
    its origin or method of production including:
         (i)   Any poisonous substance or biological product that may be
         engineered as a result of biotechnology produced from a living
         organism; or
         (ii)  Any poisonous isomer or biological product, homologue, or
         derivative of such substance;
    (c)  "Delivery system" means any apparatus, equipment, device, or means of
    delivery specifically designed to deliver or disseminate a biological
    agent, toxin or vector;
    (d)  "Vector" means a living organism or molecule, including a recombinant
    molecule, or a biological product that may be engineered as a result of
    biotechnology capable of carrying a biological agent to a host.