Idaho § 18-3323 BIOLOGICAL WEAPONS — DEFINITIONS

Idaho Statutes

§ 18-3323 — BIOLOGICAL WEAPONS — DEFINITIONS

Idaho § 18-3323

Title 18CRIMES AND PUNISHMENTS

Ch. 33FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS

This text of Idaho § 18-3323 (BIOLOGICAL WEAPONS — DEFINITIONS) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 18-3323 (2026).

Text

(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 syste

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(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.