Virginia Code 18.2-52.1: Possession of infectious biological substances or radiological agents; penalties.
A. Any person who possesses, with the intent thereby to injure another, an infectious biological substance or radiological agent is guilty of a Class 5 felony.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 4 felony | 2 to 10 years | up to $100,000 |
| Class 5 felony | up to 10 years | up to $2,500 |
Terms Used In Virginia Code 18.2-52.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. Any person who (i) destroys or damages, or attempts to destroy or damage, any facility, equipment or material involved in the sale, manufacturing, storage or distribution of an infectious biological substance or radiological agent, with the intent to injure another by releasing the substance, or (ii) manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony.
C. Any person who maliciously and intentionally causes any other person bodily injury by means of an infectious biological substance or radiological agent is guilty of a felony and shall be punished by confinement in a state correctional facility for a period of not less than five years nor more than 30 years.
D. For purposes of this section:
An “infectious biological substance” includes any bacteria, viruses, fungi, protozoa, or rickettsiae capable of causing death or serious bodily injury. “Infectious biological substance” does not include the human immunodeficiency virus (HIV) or any other related virus that causes acquired immunodeficiency syndrome (AIDS), syphilis, or hepatitis B.
A “radiological agent” includes any substance able to release radiation at levels that are capable of causing death or serious bodily injury.
1996, c. 769; 2002, cc. 588, 623, 816; 2004, c. 833; 2021, Sp. Sess. I, c. 465.