Weapons of Mass Destruction

Utah Code tit. 76, ch. 76-15, pt. 76-15-P3

in effect

Utah Code § 76-15-301 Definitions.

76-15-301. Definitions. As used in this part: (1) "Biological agent" means a microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or a naturally occurring or bioengineered component of a microorganism, virus, infectious substance, or biological product, that is capable of causing: (a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (b) deterioration of food, water, equipment, supplies, or material of any kind; or (c) deleterious alteration of the environment. (2) "Delivery system" means: (a) an apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or (b) a vector. (3) "Hoax weapon of mass destruction" means a device or object that by the device's or object's 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 that does not: (a) meet the definition of a weapon of mass destruction; or (b) actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section. (4) "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: (a) a poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or (b) a poisonous isomer or biological product, homolog, or derivative of the substance under Subsection (4)(a). (5) "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. (6) (a) "Weapon of mass destruction" means: (i) an item or instrumentality that is designed or intended to cause widespread death or serious bodily injury to multiple victims; (ii) an 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 the precursors of toxic or poisonous chemicals; (iii) a disease organism, including a biological agent, toxin, or vector that is used or intended to be used as a weapon; (iv) an 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 (v) a substance or material or combination that has been prepared or altered for use in the creation of a weapon described in Subsections (6)(a)(i) through (iv). (b) "Weapon of mass destruction" does not include a firearm or rifle, pistol, or shotgun ammunition, reloading components, or muzzleloading equipment. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-15-302 Unlawful manufacture, possession, sale, use, or attempted use of a weapon of mass destruction.

76-15-302. Unlawful manufacture, possession, sale, use, or attempted use of a weapon of mass destruction. (1) Terms defined in Sections 76-1-101.5, 76-15-101, and 76-15-301 apply to this section. (2) An actor commits unlawful manufacture, possession, sale, use, or attempted use of a weapon of mass destruction if the actor, 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. (3) A violation of Subsection (2) is a first degree felony. (4) In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity, for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate. (5) This section does not apply to a member or employee of the armed forces of the United States, allied armed forces personnel, a federal or state governmental agency, or a private entity, who is engaged in lawful activity within the scope of the actor's employment, if the actor is authorized or licensed to manufacture, possess, sell, deliver, display, or otherwise engage in activity relative to this section, and if the actor is in compliance with applicable federal and state law. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-15-303 Unlawful manufacture, possession, sale, use, or attempted use of a hoax weapon of mass destruction.

76-15-303. Unlawful manufacture, possession, sale, use, or attempted use of a hoax weapon of mass destruction. (1) Terms defined in Sections 76-1-101.5, 76-15-101, and 76-15-301 apply to this section. (2) An actor commits unlawful manufacture, possession, sale, use, or attempted use of a hoax weapon of mass destruction if the actor, without lawful authority, intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use 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 is a weapon of mass destruction. (3) A violation of Subsection (2) is a second degree felony. (4) In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity, for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate. (5) This section does not apply to a member or employee of the armed forces of the United States, allied armed forces personnel, a federal or state governmental agency, or a private entity, who is engaged in lawful activity within the scope of the actor's employment, if the actor is authorized or licensed to manufacture, possess, sell, deliver, display, or otherwise engage in activity relative to this section, and if the actor is in compliance with applicable federal and state law. Renumbered and Amended by Chapter 173, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter15/76-15-P3.html?v=C76-15-P3_2025050720250507Fetched: 10/26/2026