18 U.S.C. § 175 – Prohibitions With Respect to Biological Weapons
Section 175 targets the development, acquisition, possession, and handling of biological agents, toxins, or delivery systems when the conduct is tied to use as a weapon.
This statute also reaches people who assist a foreign state or organization in doing the same.
Core prohibited conduct (weapon-related).
A person violates § 175(a) if they knowingly:
- Develop, produce, stockpile, transfer, acquire, retain, or possess any biological agent, toxin, or delivery system for use as a weapon, or
- Assist a foreign state or any organization to do so
Attempts, threats, and conspiracies are also covered.
Penalties.
Weapon-related violations under § 175(a) carry:
- Life (or any term of years) in prison
- Fine under Title 18
Additional offense (possession not justified by a peaceful purpose).
Section 175(b) creates a separate charge for knowingly possessing a biological agent, toxin, or delivery system:
- In a type or quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose
Penalties under § 175(b).
- Up to 10 years in prison
- Fine under Title 18
What “for use as a weapon” means (and what it doesn’t).
Section 175(c) makes clear that “for use as a weapon” includes handling biological agents, toxins, or delivery systems for other than:
- Prophylactic purposes
- Protective purposes
- Bona fide research
- Other peaceful purposes
Section 175(b) also excludes biological agents or toxins in their naturally occurring environment if they have not been cultivated, collected, or extracted from their natural source.
Jurisdiction note.
The statute provides extraterritorial federal jurisdiction when the offense is committed by or against a U.S. national.
If you’re being investigated or charged under a federal biological weapons statute, call (314) 900-HELP or contact our federal criminal defense attorneys to discuss your defense options.
