bioterrorism
The use or threatened use of biological agents as weapons under US federal law.
Bioterrorism is, in US federal law, the intentional release, use, or threatened use of biological agents — including bacteria, viruses, and toxins — for the purpose of injuring, killing, or creating fear in the population. The concept covers biological violence directed at humans, animals, or plants, and differs from lawful scientific or medical use in that the agent is employed as a weapon.
The central federal regulation is found in 18 U.S.C. § 175, which prohibits the development, production, acquisition, transfer, possession, and use of biological agents or toxins as weapons. The provision reaches anyone who uses such substances for purposes other than peaceful, lawful ones. 18 U.S.C. § 175b tightens the requirements further by regulating access to particularly dangerous so-called 'select agents'. In cases where a biological attack is assessed to constitute a weapon of mass destruction, prosecutors may additionally bring charges under 18 U.S.C. § 2332a.
In practice, the concept has been applied in several prominent federal cases. The Amerithrax case of 2001 concerned anthrax bacteria sent through the mail to politicians and media outlets, costing five people their lives. The Rajneeshee attack in Oregon in 1984 — the first confirmed bioterrorism attack on American soil — involved the deliberate contamination of salad bars with salmonella bacteria, poisoning more than 750 people. The ricin letters sent to presidents and judges in 2013 are examples of the use of a biological toxin as a threat against individuals holding public office.
The CDC defines bioterrorism as the deliberate release of infectious agents or toxins with the aim of causing illness or death. Authorities classify biological agents into categories according to infectiousness, lethality, and potential for societal destabilisation, which is also reflected in sentencing upon conviction. Federal courts treat bioterrorism as one of the most serious categories of crime in American law. A conviction under 18 U.S.C. § 175 can carry a prison sentence of up to life imprisonment, particularly if the attack results in death.
