Section 102C Biological, chemical, or nuclear weapon or delivery system; possession or use; penalty; definitions
[ Text of section effective until July 15, 2010. For text effective July 15, 2010, see below.]
Section 102C. Whoever, without lawful authority, knowingly develops, produces, stockpiles, acquires, transports, possesses or uses any biological, chemical or nuclear weapon or delivery system, with the intent to cause death, bodily injury or property damage, or whoever has in his possession or under his control such an article, contrivance, device or substance, with said intent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by imprisonment in the state prison for not more than 20 years or by a fine of not more than $20,000, or by both such fine and imprisonment.
For the purposes of this section, the following words shall have the following meanings:--
"Biological weapon'', any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, except where intended for a purpose not prohibited under this section, specifically prepared in a manner to cause death, disease or other biological malfunction in a human, animal, plant, or another living organism, deterioration of food, water, equipment supplies or material of any kind, or deleterious alteration of the environment.
"Chemical weapon'', a toxic chemical or its precursors, except where intended for a purpose not prohibited under this section as long as the type and quantity is consistent with such a purpose, a munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals which would be released as a result of the employment of such munition or device.
"Nuclear weapon'', a device designed to release radiation or radioactivity at a level, which can cause bodily harm, or a dangerous radioactive substance.
"Delivery system'', any equipment specifically designed for use directly in connection with the employment of chemical, biological or nuclear weapons.
Chapter 266: Section 102C. Biological, chemical, or nuclear weapon or delivery system; possession; punishment
[ Text of section as recodified by 2010, 160, Sec. 6 effective July 15, 2010. For text effective until July 15, 2010, see above.]
Section 102C. Whoever, without lawful authority, knowingly develops, produces, stockpiles, acquires, transports, possesses, controls, places or secrets uses any biological, chemical or nuclear weapon or delivery system, with the intent to cause death, bodily injury or property damage, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by imprisonment in the state prison for not more than 25 years or by a fine of not more than $50,000, or by both such fine and imprisonment.