(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. |
