Nuclear, Biological, orChemical Weapons of Mass Destruction.
§ 14‑288.21. Unlawfulmanufacture, assembly, possession, storage, transportation, sale, purchase,delivery, or acquisition of a nuclear, biological, or chemical weapon of massdestruction; exceptions; punishment.
(a) Except as otherwiseprovided in this section, it is unlawful for any person to knowinglymanufacture, assemble, possess, store, transport, sell, offer to sell,purchase, offer to purchase, deliver or give to another, or acquire a nuclear,biological, or chemical weapon of mass destruction.
(b) This section doesnot apply to:
(1) Persons listed inG.S. 14‑269(b) with respect to any activities lawfully engaged in whilecarrying out their duties.
(2) Persons undercontract with, or working under the direction of, the United States, the Stateof North Carolina, or any agency of either government, with respect to anyactivities lawfully engaged in under their contracts or pursuant to lawfuldirection.
(3) Persons lawfullyengaged in the development, production, manufacture, assembly, possession,transport, sale, purchase, delivery or acquisition of any biological agent,disease organism, toxic or poisonous chemical, radioactive substance or theirimmediate precursors, for preventive, protective, or other peaceful purposes.
(4) Persons lawfullyengaged in accepted agricultural, horticultural, or forestry practices; aquaticweed control; or structural pest and rodent control, in a manner approved bythe federal, State, county, or local agency charged with authority over suchactivities.
(c) The term"nuclear, biological, or chemical weapon of mass destruction", asused in this Article, means any of the following:
(1) Any weapon, device,or method that is designed or has the capability to cause death or seriousinjury through the release, dissemination, or impact of:
a. Radiation orradioactivity;
b. A disease organism;or
c. Toxic or poisonouschemicals or their immediate precursors.
(2) Any substance thatis designed or has the capability to cause death or serious injury and:
a. Contains radiationor radioactivity;
b. Is or contains toxicor poisonous chemicals or their immediate precursors; or
c. Is or contains oneor more of the following:
1. Any select agentthat is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listedin Appendix A of Part 72 of Title 42 of the Code of Federal Regulations.
2. Any geneticallymodified microorganisms or genetic elements from an organism on Appendix A ofPart 72 of Title 42 of the Code of Federal Regulations, shown to produce orencode for a factor associated with a disease.
3. Any geneticallymodified microorganisms or genetic elements that contain nucleic acid sequencescoding for any of the toxins listed on Appendix A of Part 72 of Title 42 of theCode of Federal Regulations, or their toxic submits.
The term "nuclear,biological, or chemical weapon of mass destruction" also includes anycombination of parts or substances either designed or intended for use inconverting any device or substance into any nuclear, biological, or chemicalweapon of mass destruction or from which a nuclear, biological, or chemicalweapon of mass destruction may be readily assembled or created.
(d) Any person whoviolates any provision of this section is guilty of a Class B1 felony. (2001‑470, s. 1.)
Nuclear, Biological, orChemical Weapons of Mass Destruction.
§ 14‑288.21. Unlawfulmanufacture, assembly, possession, storage, transportation, sale, purchase,delivery, or acquisition of a nuclear, biological, or chemical weapon of massdestruction; exceptions; punishment.
(a) Except as otherwiseprovided in this section, it is unlawful for any person to knowinglymanufacture, assemble, possess, store, transport, sell, offer to sell,purchase, offer to purchase, deliver or give to another, or acquire a nuclear,biological, or chemical weapon of mass destruction.
(b) This section doesnot apply to:
(1) Persons listed inG.S. 14‑269(b) with respect to any activities lawfully engaged in whilecarrying out their duties.
(2) Persons undercontract with, or working under the direction of, the United States, the Stateof North Carolina, or any agency of either government, with respect to anyactivities lawfully engaged in under their contracts or pursuant to lawfuldirection.
(3) Persons lawfullyengaged in the development, production, manufacture, assembly, possession,transport, sale, purchase, delivery or acquisition of any biological agent,disease organism, toxic or poisonous chemical, radioactive substance or theirimmediate precursors, for preventive, protective, or other peaceful purposes.
(4) Persons lawfullyengaged in accepted agricultural, horticultural, or forestry practices; aquaticweed control; or structural pest and rodent control, in a manner approved bythe federal, State, county, or local agency charged with authority over suchactivities.
(c) The term"nuclear, biological, or chemical weapon of mass destruction", asused in this Article, means any of the following:
(1) Any weapon, device,or method that is designed or has the capability to cause death or seriousinjury through the release, dissemination, or impact of:
a. Radiation orradioactivity;
b. A disease organism;or
c. Toxic or poisonouschemicals or their immediate precursors.
(2) Any substance thatis designed or has the capability to cause death or serious injury and:
a. Contains radiationor radioactivity;
b. Is or contains toxicor poisonous chemicals or their immediate precursors; or
c. Is or contains oneor more of the following:
1. Any select agentthat is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listedin Appendix A of Part 72 of Title 42 of the Code of Federal Regulations.
2. Any geneticallymodified microorganisms or genetic elements from an organism on Appendix A ofPart 72 of Title 42 of the Code of Federal Regulations, shown to produce orencode for a factor associated with a disease.
3. Any geneticallymodified microorganisms or genetic elements that contain nucleic acid sequencescoding for any of the toxins listed on Appendix A of Part 72 of Title 42 of theCode of Federal Regulations, or their toxic submits.
The term "nuclear,biological, or chemical weapon of mass destruction" also includes anycombination of parts or substances either designed or intended for use inconverting any device or substance into any nuclear, biological, or chemicalweapon of mass destruction or from which a nuclear, biological, or chemicalweapon of mass destruction may be readily assembled or created.
(d) Any person whoviolates any provision of this section is guilty of a Class B1 felony. (2001‑470, s. 1.)
Nuclear, Biological, orChemical Weapons of Mass Destruction.
§ 14‑288.21. Unlawfulmanufacture, assembly, possession, storage, transportation, sale, purchase,delivery, or acquisition of a nuclear, biological, or chemical weapon of massdestruction; exceptions; punishment.
(a) Except as otherwiseprovided in this section, it is unlawful for any person to knowinglymanufacture, assemble, possess, store, transport, sell, offer to sell,purchase, offer to purchase, deliver or give to another, or acquire a nuclear,biological, or chemical weapon of mass destruction.
(b) This section doesnot apply to:
(1) Persons listed inG.S. 14‑269(b) with respect to any activities lawfully engaged in whilecarrying out their duties.
(2) Persons undercontract with, or working under the direction of, the United States, the Stateof North Carolina, or any agency of either government, with respect to anyactivities lawfully engaged in under their contracts or pursuant to lawfuldirection.
(3) Persons lawfullyengaged in the development, production, manufacture, assembly, possession,transport, sale, purchase, delivery or acquisition of any biological agent,disease organism, toxic or poisonous chemical, radioactive substance or theirimmediate precursors, for preventive, protective, or other peaceful purposes.
(4) Persons lawfullyengaged in accepted agricultural, horticultural, or forestry practices; aquaticweed control; or structural pest and rodent control, in a manner approved bythe federal, State, county, or local agency charged with authority over suchactivities.
(c) The term"nuclear, biological, or chemical weapon of mass destruction", asused in this Article, means any of the following:
(1) Any weapon, device,or method that is designed or has the capability to cause death or seriousinjury through the release, dissemination, or impact of:
a. Radiation orradioactivity;
b. A disease organism;or
c. Toxic or poisonouschemicals or their immediate precursors.
(2) Any substance thatis designed or has the capability to cause death or serious injury and:
a. Contains radiationor radioactivity;
b. Is or contains toxicor poisonous chemicals or their immediate precursors; or
c. Is or contains oneor more of the following:
1. Any select agentthat is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listedin Appendix A of Part 72 of Title 42 of the Code of Federal Regulations.
2. Any geneticallymodified microorganisms or genetic elements from an organism on Appendix A ofPart 72 of Title 42 of the Code of Federal Regulations, shown to produce orencode for a factor associated with a disease.
3. Any geneticallymodified microorganisms or genetic elements that contain nucleic acid sequencescoding for any of the toxins listed on Appendix A of Part 72 of Title 42 of theCode of Federal Regulations, or their toxic submits.
The term "nuclear,biological, or chemical weapon of mass destruction" also includes anycombination of parts or substances either designed or intended for use inconverting any device or substance into any nuclear, biological, or chemicalweapon of mass destruction or from which a nuclear, biological, or chemicalweapon of mass destruction may be readily assembled or created.
(d) Any person whoviolates any provision of this section is guilty of a Class B1 felony. (2001‑470, s. 1.)
