F.S. 2017 WEAPONS AND FIREARMS Ch. 790
for all of the costs and damages arising from the criminal
conduct.
History.—s. 39, ch. 87-243; s. 5, ch. 90-124; s. 5, ch. 90-176; s. 20, ch. 93-406;
s. 1215, ch. 97-102; s. 3, ch. 2002-28.
790.166 Manufacture, possession, sale, delivery,
display, use, or attempted or threatened use
of a weapon of mass destruction or hoax weapon of
mass destruction prohibited; definitions; penalties.
(1) As used in this section, the term:
(a) “Weapon of mass destruction” means:
1. Any device or object that is designed or intended
to cause death or serious bodily injury to any human or
animal, or severe emotional or mental harm to any
human, through the release, dissemination, or impact of
toxic or poisonous chemicals, or their precursors;
2. Any device or object involving a biological agent;
3. Any device or object that is designed or intended
to release radiation or radioactivity at a level dangerous
to human or animal life; or
4. Any biological agent, toxin, vector, or delivery
system.
(b) “Hoax weapon of mass destruction” means any
device or object that by its 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 which
does not meet the definition of a weapon of mass
destruction or which does not actually contain or
constitute a weapon, biological agent, toxin, vector, or
delivery system prohibited by this section.
(c) “Biological agent” means any microorganism,
virus, infectious substance, or biological product that
may be engineered through biotechnology, or any
naturally occurring or bioengineered component of
any such microorganism, virus, infectious substance,
or biological product, capable of causing:
1. Death, disease, or other biological malfunction in
a human, an animal, a plant, or other living organism;
2. Deterioration of food, water, equipment, supplies,
or material of any kind; or
3. Deleterious alteration of the environment.
(d) “Toxin” means the toxic material of plants,
animals, microorganisms, viruses, fungi, or infectious
substances, or a recombinant molecule, whatever its
origin or method of reproduction, including:
1. Any poisonous substance or biological product
that may be engineered through biotechnology produced
by a living organism; or
2. Any poisonous isomer or biological product,
homolog, or derivative of such substance.
(e) “Delivery system” means:
1. Any apparatus, equipment, device, or means of
delivery specifically designed to deliver or disseminate a
biological agent, toxin, or vector; or
2. Any vector.
(f) “Vector” means a living organism or molecule,
including a recombinant molecule or biological product
that may be engineered through biotechnology, capable
of carrying a biological agent or toxin to a host.
(2) A person who, without lawful authority, manufactures,
possesses, sells, delivers, sends, mails,
displays, uses, threatens to use, attempts to use, or
conspires to use, or who makes readily accessible to
others a weapon of mass destruction commits a felony
of the first degree, punishable by imprisonment for a
term of years not exceeding life or as provided in s.
775.082, s. 775.083, or s. 775.084, and if death results,
commits a capital felony, punishable as provided in s.
775.082.
(3) Any person who, without lawful authority, manufactures,
possesses, sells, delivers, mails, sends,
displays, uses, threatens to use, attempts to use, or
conspires to use, or who makes readily accessible to
others, a hoax weapon of mass destruction commits a
felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who, while committing or attempting
to commit any felony, possesses, displays, or threatens
to use any hoax weapon of mass destruction commits a
felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(5) Notwithstanding any other law, adjudication of
guilt or imposition of sentence may not be suspended,
deferred, or withheld for a violation of this section.
However, the state attorney may move the sentencing
court to reduce or suspend the sentence of any person
who is convicted of a violation of this section and who
provides substantial assistance in the identification,
arrest, or conviction of any of his or her accomplices,
accessories, coconspirators, or principals.
(6) Proof that a device or object described in
subparagraph (1)(a)1. caused death or serious bodily
injury to a human or animal through the release,
dissemination, or impact of toxic or poisonous chemicals,
or their precursors, is prima facie evidence that the
device or object was designed or intended to cause
such death or serious bodily injury. Proof that a device
or object described in subparagraph (1)(a)3. released
radiation or radioactivity at a level dangerous to human
or animal life is prima facie evidence that the device or
object was designed or intended for such release.
(7) This section does not apply to any member or
employee of the Armed Forces of the United States, a
federal or state governmental agency, or a private entity
who is otherwise engaged in lawful activity within the
scope of his or her employment, if such person is
otherwise duly authorized or licensed to manufacture,
possess, sell, deliver, display, or otherwise engage in
activity relative to this section and if such person is in
compliance with applicable federal and state law.
(8) For purposes of this section, the term “weapon
of mass destruction” does not include:
(a) A device or instrument that emits or discharges
smoke or an offensive, noxious, or irritant liquid,
powder, gas, or chemical for the purpose of immobilizing,
incapacitating, or thwarting an attack by a person or
animal and that is lawfully possessed or used by a
person for the purpose of self-protection or, as provided
in subsection (7), is lawfully possessed or used by any
member or employee of the Armed Forces of the United
States, a federal or state governmental agency, or a
private entity. A member or employee of a federal or
state governmental agency includes, but is not limited
to, a law enforcement officer, as defined in s. 784.07; a
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