§ 2716. Weapons of mass destruction
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: August 27, 2002
Effective: August 27, 2002
18 Pa.C.S.A. § 2716
§ 2716. Weapons of mass destruction
(b) Use.--A person commits an offense if the person, without lawful authority to do so, intentionally, knowingly or recklessly sells, purchases, transports or causes another to transport, delivers or causes to be delivered or uses a weapon of mass destruction and if such action causes any of the following:
(d) Restitution.--A person convicted of violating this section shall, in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing generally), be sentenced to pay restitution in an amount equal to the cost of the evacuation, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly or facility.
(1) In addition to the authority conferred upon the Attorney General under sections 205 and 206 of the act of October 15, 1980 (P.L. 950, No. 164),1 known as the Commonwealth Attorneys Act, the Attorney General has the authority to investigate and to institute criminal proceedings for a violation of this section committed:
(h) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge the authority of the Attorney General under subsection (g)(1). If a challenge is made in violation of this subsection, the challenge shall be dismissed, and no relief shall be available in the courts of this Commonwealth to the person making the challenge.
“Biological agent.” A natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or microorganism which causes infections, disease or bodily harm.
“Bomb.” An explosive device used for unlawful purposes.
“Chemical agent.” Any of the following:
“Nuclear agent.” A radioactive material.
“Weapon of mass destruction.” A biological agent, bomb, chemical agent or nuclear agent.
Credits
2002, June 28, P.L. 481, No. 82, § 2, effective in 60 days.
Footnotes
71 P.S. §§ 732-205, 732-206.
18 Pa.C.S.A. § 2716, PA ST 18 Pa.C.S.A. § 2716
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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