21-3450. Illegal use of weapons of mass destruction.
21-3450
21-3450. Illegal use of weapons of massdestruction.(a) The illegal use of weapons of mass destruction is:
(1) Intentionally, knowingly and without lawful authority, developing,producing,stockpiling, transferring, acquiring, retaining or possessing any:
(A) Biological agent, toxin or delivery system for use as a weapon;
(B) chemical weapon; or
(C) nuclear materials or nuclear byproduct materials for use as a weapon;
(2) knowingly assisting a foreign state or any organization to do any suchactivities asspecified in paragraph (1); or
(3) attempting, threatening or conspiring to do any such activities asspecified inparagraph (1) or (2).
(b) Illegal use of weapons of mass destruction is an off-grid person felony.
(c) The provisions of subsection (c) of K.S.A. 21-3301, and amendmentsthereto, shall not apply to a violation of attempting to commit the crime ofillegal use of weapons of mass destruction pursuant to this section.The provisions ofsubsection (c) of K.S.A. 21-3302, and amendments thereto, shall not apply to aviolation of conspiracy to commit the crime of illegal use of weapons of massdestruction pursuant to this section. The provisions of subsection (d) ofK.S.A. 21-3303, and amendments thereto, shall not apply to a violation ofcriminal solicitation to commit the crime of illegal use of weapons of massdestruction pursuant to this section.
(d) The following shall not be prohibited under the provisionsof this section:
(1) Any peaceful purpose related to an industrial, agricultural, research,medical orpharmaceutical activity or other activity;
(2) any purpose directly related to protection against toxic chemicals and toprotectionagainst chemical weapons;
(3) any military purpose of the United States that is not connected with theuse of achemical weapon or that is not dependent on the use of the toxic or poisonousproperties of the chemical weapon to cause death or other harm;
(4) any law enforcement purpose, including any domestic riot control purposeandincluding imposition of capital punishment; or
(5) any individual self-defense device, including those using a pepper sprayor chemicalmace.
(e) As used in this section:
(1) "Biological agent" means any microorganism, virus, infectious substanceorbiological product that may be engineered as a result of biotechnology, or anynaturally occurringor bioengineered component of any such microorganism, virus, infectioussubstance, orbiological product, capable of causing:
(A) Death, disease or other biological malfunction in a human, an animal, aplant oranother living organism;
(B) deterioration of food, water, equipment, supplies or material of anykind; or
(C) deleterious alteration of the environment;
(2) "chemical weapon" means the following together or separately:
(A) A toxic chemical and its precursors, except where intended for a purposenotprohibited under this section, as long as the type and quantity is consistentwith such a purpose;
(B) a munition or device, specifically designed to cause death or other harmthrough toxicproperties of those toxic chemicals specified in subparagraph (A), which wouldbe released as aresult of the employment of such munition or device; or
(C) any equipment specifically designed for use directly in connection withthe employment of munitions or devices specified in subparagraph (B);
(3) "key component of a binary or multicomponent chemical system" means theprecursor which plays the most important role in determining the toxicproperties of the finalproduct and reacts rapidly with other chemicals in the binary or multicomponentsystem;
(4) "delivery system" means:
(A) Any apparatus, equipment, device or means of delivery specificallydesigned todeliver or disseminate a biological agent, toxin or vector; or
(B) any vector;
(5) "for use as a weapon" does not include the development, production,transfer,acquisition, retention or possession of any biological agent, toxin or deliverysystem forprophylactic, protective or other peaceful purposes;
(6) "nuclear material" means material containing any:
(A) Plutonium;
(B) uranium not in the form of ore or ore residue that contains the mixtureof isotopes asoccurring in nature;
(C) enriched uranium, defined as uranium that contains the isotope 233 or 235or both insuch amount that the abundance ratio of the sum of those isotopes to theisotope 238 is greaterthan the ratio of the isotope 235 to the isotope 238 occurring in nature; or
(D) uranium 233;
(7) "nuclear byproduct material" means any material containing anyradioactive isotopecreated through an irradiation process in the operation of a nuclear reactor oraccelerator;
(8) "precursor" means any chemical reactant which takes part at any stage intheproduction by whatever method of a toxic chemical. The term includes any keycomponent of a binary or multicomponent chemical system;
(9) "toxic chemical" means any chemical which through its chemical action onlifeprocesses can cause death, temporary incapacitation or permanent harm to humansor animals.The term includes all such chemicals, regardless of their origin or of theirmethod of production,and regardless of whether they are produced in facilities, in munitions orelsewhere;
(10) "toxin" means the toxic material of plants, animals, microorganisms,viruses, fungi, orinfectious substances, or a recombinant molecule, whatever its origin or methodof production,including:
(A) Any poisonous substance or biological product that may be engineered as aresult ofbiotechnology produced by a living organism; or
(B) any poisonous isomer or biological product, homolog or derivative of suchasubstance; and
(11) "vector" means a living organism or molecule, including a recombinantmolecule, orbiological product that may be engineered as a result of biotechnology, capableof carrying abiological agent or toxin to a host.
History: L. 2006, ch. 146, § 2; July 1.