13-2308.03. Unlawful use of infectious biological substance or radiological agent; classification; definitions

A. It is unlawful for a person to intentionally cause injury to another person by means of an infectious biological substance or a radiological agent.

B. It is unlawful for a person to intentionally or knowingly do any of the following:

1. Possess, with the intent to injure another person, an infectious biological substance or a radiological agent.

2. Manufacture, sell, give, distribute or use an infectious biological substance or a radiological agent with the intent to injure another person.

3. Destroy or damage or attempt to destroy or damage any facility, equipment or material involved in the sale, manufacture, storage or distribution of an infectious biological substance or a radiological agent with the intent to injure another by the release of the substance or agent.

4. Give or send to another person or place in a public or private place a simulated infectious biological substance or a radiological agent with the intent to terrify, intimidate, threaten or harass. The placing or sending of a simulated infectious biological substance or radiological agent without written notice attached to the substance or agent in a conspicuous place that the substance or agent has been rendered inert and is possessed for a curio or relic collection, display or other similar purpose is prima facie evidence of an intent to terrify, intimidate, threaten or harass.

5. Transport any radiological isotope or agent for the purpose of committing another act in violation of this section.

6. Adulterate or misbrand any radiological isotope.

7. Manufacture, hold, sell or offer to sell any radiological isotope that is adulterated or misbranded.

8. Alter, mutilate, destroy, obliterate or remove any part of the labeling of a radiological isotope.

9. Engage in any other act with respect to a radiological isotope if the act is done when the article is possessed, transferred, transported or held for sale and results in the article being adulterated or misbranded.

C. The possession of an infectious biological substance or a radiological agent, unless satisfactorily explained, may give rise to an inference that the person who is in possession of the substance or agent is aware of the risk that the substance or agent may be used to commit an act in violation of this section.

D. This section does not apply to any person who is permitted or licensed pursuant to title 30, chapter 4 and 10 Code of Federal Regulations part 30, a member or employee of the armed forces of the United States, a federal or state governmental agency or any political subdivision of a state, a charitable, scientific or educational institution or a private entity if both of the following apply:

1. The person is engaged in lawful activity within the scope of the person's employment and the person is otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, use, exercise control over or make accessible to others any weapon of mass destruction, infectious biological substance or radiological agent or to otherwise engage in any activity described in this paragraph.

2. The person is in compliance with all applicable federal and state laws in doing so.

E. A violation of this section is a class 2 felony. A person who is convicted of a violation of subsection A or subsection B, paragraph 1 or 2 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court or the sentence is commuted.

F. For the purposes of this section:

1. " Infectious biological substance" :

(a) Includes any bacteria, virus, fungus, protozoa, prion, toxin or material found in nature that is capable of causing death or serious physical injury.

(b) Does not include human immunodeficiency virus, syphilis or hepatitis.

2. " Radiological agent" includes any substance that is able to release radiation at levels that are capable of causing death or serious bodily injury or at any level if used with the intent to terrify, intimidate, threaten or harass.