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Florida's Weapons of Mass Destruction hoax and threat law
90.166 Florida Statutes (enacted
in 2000)
Manufacture,
possession, sale, delivery, display, use, or attempted or threatened use
of a weapon of mass destruction or hoax weapon of mass destruction prohibited;
definitions; penalties.
(1)
As used in this section, the term:
(a)
"Weapon of mass destruction" means:
1.
Any device or object that is designed or intended to cause death or serious
bodily injury through the release, dissemination, or impact of toxic or
poisonous chemicals, or their precursors;
2.
Any device or object involving a disease organism; or
3.
Any device or object that is designed to release radiation or radioactivity
at a level dangerous to human life.
(b)
"Hoax weapon of mass destruction" means any device or object
that by its design, construction, content, or characteristics appears to
be or to contain, or is represented to be, constitute, or contain, a weapon
of mass destruction as defined in this section, but which is, in fact,
an inoperative facsimile, imitation, counterfeit, or representation of
a weapon of mass destruction which does not meet the definition of a weapon
of mass destruction or which does not actually contain or constitute a
weapon, biological agent, toxin, vector, or delivery system prohibited
by this section.
(c)
"Biological agent" means any microorganism, virus, infectious
substance, or biological product that may be engineered through biotechnology,
or any naturally occurring or bioengineered component of any such microorganism,
virus, infectious substance, or biological product, capable of causing:
1.
Death, disease, or other biological malfunction in a human, an animal,
a plant, or other living organism;
2.
Deterioration of food, water, equipment, supplies, or material of any kind;
or
3.
Deleterious alteration of the environment.
(d)
"Toxin" means the toxic material of plants, animals, microorganisms,
viruses, fungi, or infectious substances, or a recombinant molecule, whatever
its origin or method of reproduction, including:
1.
Any poisonous substance or biological product that may be engineered through
biotechnology produced by a living organism; or
2.
Any poisonous isomer or biological product, homolog, or derivative of such
substance.
(e)
"Delivery system" means:
1.
Any apparatus, equipment, device, or means of delivery specifically designed
to deliver or disseminate a biological agent, toxin, or vector; or
2.
Any vector.
(f)
"Vector" means a living organism or molecule, including a recombinant
molecule or biological product that may be engineered through biotechnology,
capable of carrying a biological agent or toxin to a host.
(2)
A person who, without lawful authority, manufactures, possesses, sells,
delivers, displays, uses, threatens to use, attempts to use, or conspires
to use, or who makes readily accessible to others a weapon of mass destruction,
including any biological agent, toxin, vector, or delivery system as those
terms are defined in this section, commits a felony of the first degree,
punishable by imprisonment for a term of years not exceeding life or as
provided in s. 775.082, s. 775.083, or s. 775.084, and if death results,
commits a capital felony, punishable as provided in s. 775.082.
(3)
Any person who, without lawful authority, manufactures, possesses, sells,
delivers, displays, uses, threatens to use, attempts to use, or conspires
to use, or who makes readily accessible to others, a hoax weapon of mass
destruction with the intent to deceive or otherwise mislead another person
into believing that the hoax weapon of mass destruction will cause terror,
bodily harm, or property damage commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4)
This section does not apply to any member or employee of the Armed Forces
of the United States, a federal or state governmental agency, or a private
entity who is otherwise engaged in lawful activity within the scope of
his or her employment, if such person is otherwise duly authorized or licensed
to manufacture, possess, sell, deliver, display, or otherwise engage in
activity relative to this section and if such person is in compliance with
applicable federal and state law.
Florida
statutes website:
http://www.leg.state.fl.us/statutes/index.cfm?Mode=ViewStatutes&Submenu=1