2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 27 - Assault
2716 - Weapons of mass destruction.

     § 2716.  Weapons of mass destruction.
        (a)  Unlawful possession or manufacture.--A person commits an
     offense if the person, without lawful authority to do so,
     intentionally, knowingly or recklessly possesses or manufactures
     a weapon of mass destruction.
        (b)  Use.--A person commits an offense if the person, without
     lawful authority to do so, intentionally, knowingly or
     recklessly sells, purchases, transports or causes another to
     transport, delivers or causes to be delivered or uses a weapon
     of mass destruction and if such action causes any of the
     following:
            (1)  Illness or injury to another individual.
            (2)  Damage to or disruption of a water or food supply or
        public natural resources, including waterways, State forests
        and parks, surface water, groundwater and wildlife.
            (3)  Evacuation of a building, place of assembly or
        facility of public transportation.
        (c)  Grading.--
            (1)  A first offense under subsection (a) constitutes a
        felony of the second degree. A subsequent offense under
        subsection (a) constitutes a felony of the first degree.
            (2)  An offense under subsection (b)(1) constitutes a
        felony of the first degree. If the offense results in the
        death of an individual, the defendant shall be sentenced to
        life imprisonment.
            (3)  An offense under subsection (b)(2) or (3)
        constitutes a felony of the first degree.
        (d)  Restitution.--A person convicted of violating this
     section shall, in addition to any other sentence imposed or
     restitution ordered under 42 Pa.C.S. § 9721(c) (relating to
     sentencing generally), be sentenced to pay restitution in an
     amount equal to the cost of the evacuation, including, but not
     limited to, fire and police response; emergency medical service
     or emergency preparedness response; and transportation of an
     individual from the building, place of assembly or facility.
        (e)  Preservation of private remedies.--No judgment or order
     of restitution shall debar a person, by appropriate action, to
     recover from the offender as otherwise provided by law, provided
     that any civil award shall be reduced by the amount paid under
     the criminal judgment.
        (f)  Possession.--For purposes of this section, an individual
     shall not be deemed to be in possession of an agent if the
     individual is naturally exposed to or innocently infected or
     contaminated with the agent.
        (g)  Enforcement.--
            (1)  In addition to the authority conferred upon the
        Attorney General under sections 205 and 206 of the act of
        October 15, 1980 (P.L.950, No.164), known as the Commonwealth
        Attorneys Act, the Attorney General has the authority to
        investigate and to institute criminal proceedings for a
        violation of this section committed:
                (i)  anywhere in this Commonwealth;
                (ii)  in different counties; or
                (iii)  in this Commonwealth and another jurisdiction.
            (2)  Each district attorney has the authority to
        investigate and to institute criminal proceedings for a
        violation of this section.
        (h)  Jurisdiction.--No person charged with a violation of
     this section shall have standing to challenge the authority of
     the Attorney General under subsection (g)(1). If a challenge is
     made in violation of this subsection, the challenge shall be
     dismissed, and no relief shall be available in the courts of
     this Commonwealth to the person making the challenge.
        (i)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Biological agent."  A natural or genetically engineered
     pathogen, toxin, virus, bacteria, prion, fungus or microorganism
     which causes infections, disease or bodily harm.
        "Bomb."  An explosive device used for unlawful purposes.
        "Chemical agent."  Any of the following:
            (1)  A nerve agent, including tabun (GA), sarin (GB),
        soman (GD), GF and VX.
            (2)  A choking agent, including phosgene (CG) and
        diphosgene (DP).
            (3)  A blood agent, including hydrogen cyanide (AC),
        cyanogen chloride (CK) and arsine (SA).
            (4)  A blister agent. This paragraph includes:
                (i)  Mustard (H).
                (ii)  Sulfur mustard (HD).
                (iii)  HN-1.
                (iv)  HN-2.
                (v)  Nitrogen mustard (HN-3).
                (vi)  An arsenical, such as lewisite (L).
                (vii)  An urticant, such as CX.
                (viii)  An incapacitating agent, such as B2.
            (5)  Any other chemical element or compound which causes
        death or bodily harm.
        "Nuclear agent."  A radioactive material.
        "Weapon of mass destruction."  A biological agent, bomb,
     chemical agent or nuclear agent.
     (June 28, 2002, P.L.481, No.82, eff. 60 days)

        2002 Amendment.  Act 82 added section 2716.
        Cross References.  Section 2716 is referred to in sections
     5708, 6105 of this title.

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