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.

History:

[18-3323, added 2002, ch. 222, sec. 2, p. 624.]