2006 Code of Virginia § 18.2-52.1 - Possession of infectious biological substances or radiological agents; penalties

18.2-52.1. Possession of infectious biological substances or radiologicalagents; penalties.

A. Any person who possesses, with the intent thereby to injure another, aninfectious biological substance or radiological agent is guilty of a Class 5felony.

B. Any person who (i) destroys or damages, or attempts to destroy or damage,any facility, equipment or material involved in the sale, manufacturing,storage or distribution of an infectious biological substance or radiologicalagent, with the intent to injure another by releasing the substance, or (ii)manufactures, sells, gives, distributes or uses an infectious biologicalsubstance or radiological agent with the intent to injure another is guiltyof a Class 4 felony.

C. Any person who maliciously and intentionally causes any other personbodily injury by means of an infectious biological substance or radiologicalagent is guilty of a felony and shall be punished by confinement in a statecorrectional facility for a period of not less than five years nor more than30 years.

An "infectious biological substance" includes any bacteria, viruses, fungi,protozoa, or rickettsiae capable of causing death or serious bodily injury.This definition shall not include HIV as defined in 18.2-67.4:1, syphilisor hepatitis B.

A "radiological agent" includes any substance able to release radiation atlevels that are capable of causing death or serious bodily injury.

(1996, c. 769; 2002, cc. 588, 623, 816; 2004, c. 833.)