EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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

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

1-6 Sec. 3. "Biological agent" has the meaning ascribed to it in 18

1-7 U.S.C. § 178.

1-8 Sec. 4. "Delivery system" has the meaning ascribed to it in 18

1-9 U.S.C. § 178.

1-10 Sec. 5. "Toxin" has the meaning ascribed to it in 18 U.S.C. § 178.

1-11 Sec. 6. 1. A person shall not knowingly:

1-12 (a) Develop, produce, stockpile, transfer, acquire, retain or possess a

1-13 biological agent, toxin or delivery system for use as a weapon; or

1-14 (b) Assist another person to do any act described in paragraph (a).

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

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

2-3 prison:

2-4 (a) For life with the possibility of parole, with eligibility for parole

2-5 beginning when a minimum of 10 years has been served; or

2-6 (b) For a definite term of 25 years, with eligibility for parole

2-7 beginning when a minimum of 10 years has been served.

2-8 3. As used in this section, the term "for use as a weapon" does not

2-9 include the development, production, transfer, acquisition, retention or

2-10 possession of a biological agent, toxin or delivery system for

2-11 prophylactic, protective or other peaceful purposes.

2-12 Sec. 7. 1. A person shall not, through the use of any means of oral,

2-13 written or electronic communication, knowingly make any threat or

2-14 convey any false information concerning the presence, delivery,

2-15 dispersion, release or use of a biological agent or toxin with the intent to:

2-16 (a) Injure, intimidate, frighten, alarm or distress any person, whether

2-17 or not any person is actually injured, intimidated, frightened, alarmed or

2-18 distressed thereby;

2-19 (b) Cause panic or civil unrest, whether or not such panic or civil

2-20 unrest actually occurs;

2-21 (c) Extort or profit thereby, whether or not the extortion is actually

2-22 successful or any profit actually occurs; or

2-23 (d) Interfere with the operations of or cause economic or other

2-24 damage to any person or any officer, agency, board, bureau,

2-25 commission, department, division or other unit of federal, state or local

2-26 government, whether or not such interference or damage actually occurs.

2-27 2. A person who violates any provision of subsection 1 is guilty of a

2-28 category B felony and shall be punished by imprisonment in the state

2-29 prison for a minimum term of not less than 1 year and a maximum term

2-30 of not more than 6 years, and may be further punished by a fine of not

2-31 more than $5,000.

2-32 3. As used in this section, "oral, written or electronic

2-33 communication" includes, without limitation, any of the following:

2-34 (a) A letter, a note or any other type of written correspondence.

2-35 (b) An item of mail or a package delivered by any person or postal or

2-36 delivery service.

2-37 (c) A telegraph or wire service, or any other similar means of

2-38 communication.

2-39 (d) A telephone, cellular phone, satellite phone, pager or facsimile

2-40 machine, or any other similar means of communication.

2-41 (e) A radio, television, cable, closed-circuit, wire, wireless, satellite or

2-42 other audio or video broadcast or transmission, or any other similar

2-43 means of communication.

3-1 (f) An audio or video recording or reproduction, or any other similar

3-2 means of communication.

3-3 (g) An item of electronic mail, a modem or computer network, or the

3-4 Internet, or any other similar means of communication.

3-5 Sec. 8. The amendatory provisions of this act do not apply to offenses

3-6 that are committed before the effective date of this act.

3-7 Sec. 9. This act becomes effective upon passage and approval.