Senate Bill No. 18–Committee on Judiciary

CHAPTER........

AN ACT relating to biological weapons; prohibiting the development, production,

stockpiling, transfer, acquisition, retention or possession of a biological agent, toxin

or delivery system in certain circumstances; prohibiting a person from making

threats or conveying false information concerning the presence, delivery, dispersion,

release or use of a biological agent or toxin under certain circumstances; providing

penalties; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 202 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3, 4 Green numbers along left 1-5 margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-6 and 5 of this act have the meanings ascribed to them in those sections.

1-7 Sec. 3. "Biological agent" has the meaning ascribed to it in 18

1-8 U.S.C. § 178.

1-9 Sec. 4. "Delivery system" has the meaning ascribed to it in 18

1-10 U.S.C. § 178.

1-11 Sec. 5. "Toxin" has the meaning ascribed to it in 18 U.S.C. § 178.

1-12 Sec. 6. 1. A person shall not knowingly:

1-13 (a) Develop, produce, stockpile, transfer, acquire, retain or possess a

1-14 biological agent, toxin or delivery system for use as a weapon; or

1-15 (b) Assist another person to do any act described in paragraph (a).

1-16 2. A person who violates any provision of subsection 1 is guilty of a

1-17 category A felony and shall be punished by imprisonment in the state

1-18 prison:

1-19 (a) For life with the possibility of parole, with eligibility for parole

1-20 beginning when a minimum of 10 years has been served; or

1-21 (b) For a definite term of 25 years, with eligibility for parole

1-22 beginning when a minimum of 10 years has been served.

1-23 3. As used in this section, the term "for use as a weapon" does not

1-24 include the development, production, transfer, acquisition, retention or

1-25 possession of a biological agent, toxin or delivery system for

1-26 prophylactic, protective or other peaceful purposes.

1-27 Sec. 7. 1. A person shall not, through the use of any means of oral,

1-28 written or electronic communication, knowingly make any threat or

1-29 convey any false information concerning the presence, delivery,

1-30 dispersion, release or use of a biological agent or toxin with the intent to:

1-31 (a) Injure, intimidate, frighten, alarm or distress any person, whether

1-32 or not any person is actually injured, intimidated, frightened, alarmed or

1-33 distressed thereby;

1-34 (b) Cause panic or civil unrest, whether or not such panic or civil

1-35 unrest actually occurs;

2-1 (c) Extort or profit thereby, whether or not the extortion is actually

2-2 successful or any profit actually occurs; or

2-3 (d) Interfere with the operations of or cause economic or other

2-4 damage to any person or any officer, agency, board, bureau,

2-5 commission, department, division or other unit of federal, state or local

2-6 government, whether or not such interference or damage actually occurs.

2-7 2. A person who violates any provision of subsection 1 is guilty of a

2-8 category B felony and shall be punished by imprisonment in the state

2-9 prison for a minimum term of not less than 1 year and a maximum term

2-10 of not more than 6 years, and may be further punished by a fine of not

2-11 more than $5,000.

2-12 3. As used in this section, "oral, written or electronic

2-13 communication" includes, without limitation, any of the following:

2-14 (a) A letter, a note or any other type of written correspondence.

2-15 (b) An item of mail or a package delivered by any person or postal or

2-16 delivery service.

2-17 (c) A telegraph or wire service, or any other similar means of

2-18 communication.

2-19 (d) A telephone, cellular phone, satellite phone, pager or facsimile

2-20 machine, or any other similar means of communication.

2-21 (e) A radio, television, cable, closed-circuit, wire, wireless, satellite or

2-22 other audio or video broadcast or transmission, or any other similar

2-23 means of communication.

2-24 (f) An audio or video recording or reproduction, or any other similar

2-25 means of communication.

2-26 (g) An item of electronic mail, a modem or computer network, or the

2-27 Internet, or any other similar means of communication.

2-28 Sec. 8. The amendatory provisions of this act do not apply to offenses

2-29 that are committed before the effective date of this act.

2-30 Sec. 9. This act becomes effective upon passage and approval.

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