18 U.S.C. § 177

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 177 - Injunctions

(a) IN GENERAL.-The United States may obtain in a civil action an injunction against-

(1) the conduct prohibited under section 175 of this title;

(2) the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 175 of this title; or

(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

(b) AFFIRMATIVE DEFENSE.-It is an affirmative defense against an injunction under subsection (a)(3) of this section that-

(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and

(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.

18 U.S.C. § 177

Added Pub. L. 101-298, §3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 104-132, title V, §511(b)(2), Apr. 24, 1996, 110 Stat. 1284.

EDITORIAL NOTES

AMENDMENTS1996-Subsec. (a)(2). Pub. L. 104-132 inserted "threat," after "attempt,".

biological agent: the term "biological agent" means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing-(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;(B) deterioration of food, water, equipment, supplies, or material of any kind; or(C) deleterious alteration of the environment;
delivery system: the term "delivery system" means-(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or(B) any vector;
toxin: the term "toxin" means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes-(A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or(B) any poisonous isomer or biological product, homolog, or derivative of such a substance;