Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felony5 years to lifeup to $10,000
For details, see Utah Code § 76-3-203

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Terms Used In Utah Code 76-10-402

  • Biological agent: means 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 microorganism, virus, infectious substance, or biological product, that is capable of causing:
         (1)(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
         (1)(b) deterioration of food, water, equipment, supplies, or material of any kind; or
         (1)(c) deleterious alteration of the environment. See Utah Code 76-10-401
  • Delivery system: means :
         (2)(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
         (2)(b) any vector. See Utah Code 76-10-401
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Toxin: means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
         (4)(a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
         (4)(b) any poisonous isomer or biological product, homolog, or derivative of the substance under Subsection (4)(a). See Utah Code 76-10-401
  • Vector: means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host. See Utah Code 76-10-401
  • Weapon of mass destruction: means :
              (6)(a)(i) any item or instrumentality that is designed or intended to cause widespread death or serious bodily injury to multiple victims;
              (6)(a)(ii) any item or instrumentality 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;
              (6)(a)(iii) any disease organism, including any biological agent, toxin, or vector which is used or intended to be used as a weapon;
              (6)(a)(iv) any item or instrumentality that is designed to release radiation or radioactivity at a level dangerous to human life and that is used or intended to be used as a weapon; or
              (6)(a)(v) any substance or material or combination which has been prepared or altered for use in the creation of a weapon described in Subsections (6)(a)(i) through (iv). See Utah Code 76-10-401

     A person who without lawful authority intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use a weapon of mass destruction or a delivery system for a weapon of mass destruction, including any biological agent, toxin, vector, or delivery system as those terms are defined in this section, is guilty of a first degree felony.