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 thereto1-2
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 the1-4
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 181-8
U.S.C. § 178.1-9
Sec. 4. "Delivery system" has the meaning ascribed to it in 181-10
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 a1-14
biological agent, toxin or delivery system for use as a weapon; or1-15
(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 a1-17
category A felony and shall be punished by imprisonment in the state1-18
prison:1-19
(a) For life with the possibility of parole, with eligibility for parole1-20
beginning when a minimum of 10 years has been served; or1-21
(b) For a definite term of 25 years, with eligibility for parole1-22
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 not1-24
include the development, production, transfer, acquisition, retention or1-25
possession of a biological agent, toxin or delivery system for1-26
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 or1-29
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, whether1-32
or not any person is actually injured, intimidated, frightened, alarmed or1-33
distressed thereby;1-34
(b) Cause panic or civil unrest, whether or not such panic or civil1-35
unrest actually occurs;2-1
(c) Extort or profit thereby, whether or not the extortion is actually2-2
successful or any profit actually occurs; or2-3
(d) Interfere with the operations of or cause economic or other2-4
damage to any person or any officer, agency, board, bureau,2-5
commission, department, division or other unit of federal, state or local2-6
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 a2-8
category B felony and shall be punished by imprisonment in the state2-9
prison for a minimum term of not less than 1 year and a maximum term2-10
of not more than 6 years, and may be further punished by a fine of not2-11
more than $5,000.2-12
3. As used in this section, "oral, written or electronic2-13
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 or2-16
delivery service.2-17
(c) A telegraph or wire service, or any other similar means of2-18
communication.2-19
(d) A telephone, cellular phone, satellite phone, pager or facsimile2-20
machine, or any other similar means of communication.2-21
(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or2-22
other audio or video broadcast or transmission, or any other similar2-23
means of communication.2-24
(f) An audio or video recording or reproduction, or any other similar2-25
means of communication.2-26
(g) An item of electronic mail, a modem or computer network, or the2-27
Internet, or any other similar means of communication.2-28
Sec. 8. The amendatory provisions of this act do not apply to offenses2-29
that are committed before the effective date of this act.2-30
Sec. 9. This act becomes effective upon passage and approval.~