§ 18.2-52.1 Possession of infectious biological substances or radiological agents; penalties
A. Any person who possesses, with the intent thereby to injure another, an infectious biological substance or radiological agent is guilty of a Class 5 felony.
B. Any person who (i) destroys or damages, or attempts to destroy or damage, any facility, equipment or material involved in the sale, manufacturing, storage or distribution of an infectious biological substance or radiological agent, with the intent to injure another by releasing the substance, or (ii) manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony.
C. Any person who maliciously and intentionally causes any other person bodily injury by means of an infectious biological substance or radiological agent is guilty of a felony and shall be punished by confinement in a state correctional facility for a period of not less than five years nor more than 30 years.
D. For purposes of this section: An “infectious biological substance” includes any bacteria, viruses, fungi, protozoa, or rickettsiae capable of causing death or serious bodily injury. “Infectious biological substance” does not include the human immunodeficiency virus (HIV) or any other related virus that causes acquired immunodeficiency syndrome (AIDS), syphilis, or hepatitis B. A “radiological agent” includes any substance able to release radiation at levels that are capable of causing death or serious bodily injury.
History
This law was first created in 1996. The record of its establishment is cataloged in chapter 769 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2002, chapters 588, 623, and 816; in 2004, chapter 833.
1996, c. 769; 2002, cc. 588, 623, 816; 2004, c. 833; 2021, Sp. Sess. I, c. 465.