The deliberate deployment of pathogens or biological toxins, such as bacteria, viruses or their derived toxins, to cause death or disease in humans, animals or plants, whether in armed conflict or in a deliberate attack on a civilian population. The development, production and stockpiling of biological weapons is banned under the Biological Weapons Convention of 1972, the first multilateral treaty to prohibit an entire category of weapons of mass destruction, and their use in armed conflict is separately addressed as a war crime under the Rome Statute of the International Criminal Court. Confirmed state use has been rare since the treaty entered into force, though isolated non-state and criminal uses of biological agents, such as small-scale bioterrorism incidents, have occurred and are prosecuted under a combination of national terrorism and public health security statutes.
Facts
Classification CodeUnited States: 18 U.S.C. 175(a), Prohibitions with respect to biological weapons, enacted under the Biological Weapons Anti-Terrorism Act of 1989. 1 Typical PenaltyA fine, or imprisonment for life or any term of years, or both. 1 Elements of OffenseKnowingly developing, producing, stockpiling, transferring, acquiring, retaining, or possessing a biological agent, toxin, or delivery system for use as a weapon. 1 Notable ExampleThe 2001 anthrax letter attacks, in which anthrax spores mailed to news media offices and two United States senators between September 18 and October 12, 2001 killed five people; federal prosecutors named Bruce Edwards Ivins, a government biodefense scientist, as the sole perpetrator in 2008. 2 Jurisdiction VariationInternationally, the Biological Weapons Convention, in force since 26 March 1975, prohibits states parties from developing, producing, stockpiling, acquiring or retaining biological agents or toxins with no justification for peaceful purposes, or weapons designed to deploy them hostilely. 3 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
Sources
1. 18 U.S. Code section 175 (Cornell LII)
Cornell Law School, Legal Information Institute18 U.S.C. 175(a), caption
Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon
18 U.S.C. 175(a), conduct clause
Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon
18 U.S.C. 175(a), penalty clause
shall be fined under this title or imprisoned for life or any term of years, or both
View the Source 2. 2001 Anthrax Attacks (Wikipedia)
WikipediaFBI determination, 2008Quote, FBI determination, 2008
Federal prosecutors declared Ivins the sole perpetrator on August 6, 2008, based on DNA evidence leading to an anthrax vial in his lab.
View the Source 3. Biological Weapons Convention (Wikipedia)
Wikipediaprohibition clause and entry into forceQuote, prohibition clause and entry into force
entered into force on 26 March 1975
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