When the FBI Comes Calling…®
When the FBI Comes Calling…®
You may be charged with:
Use of Certain Weapons of Mass Destruction (18 U.S.C. § 2332a)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant, without lawful authority, used, threatened to use, or attempted to use, or conspired to use a weapon of mass destruction** against any American (inside or outside of the borders), against any person within the United States, or against any property of the federal government;
2. That the defendant's actions effected interstate commerce or that the illicit activities took place in more than one state or abroad;
3. That the defendant acted knowingly and willfully.
**(A Weapon of Mass Destruction (WMD) is defined as any weapon that is designed or intended to cause death or serious bodily injury through the release of chemical toxins, an weapon involving a biological agent, any weapon designed to release radiation or radioactivity at a level dangerous to human life. This statutory definition did not include chemical weapons, until the Intelligence Reform Act and Terrorism Prevention Act of 2004.)
So how have the courts interpreted the WMD statute?
A. Defendant was entitled to an acquittal on all charges of violating the statute for sending letters to the prosecutor and media networks allegedly containing anthrax powder, because the only argument for trans-state activity was that it would be out-of-state scientists and law enforcement who would respond to the incident. United States v. Slaughter, 116 F. Supp. 2d 688 (W.D.V.I. 2000).
B. The government need not prove intent to kill, arising from the bombing of the Murrah Federal Building in Oklahoma, where all that was required was intent to destroy federal property with malice, by way of a WMD. United States v. McVeigh, 940 F. Supp. 1571 (D. Colo. 1996).
Potential Punishment:
One may be found guilty of a felony and imprisoned up to life, and, if death results, may face the death penalty.
Nuclear Material Misuse and Weapons (18 U.S.C. § 831)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant possessed, attempted to possess, sold, dispersed, or used any nuclear, or nuclear byproduct, material; or
2. That the defendant conspired to possesses, attempt to possess, sell, disperse, or use any nuclear article;
3. That the defendant acted knowing that such article would or is likely to cause death or serious bodily injury, or substantial damage to any property or the environment.
Potential Punishment:
If the defendant's act knowingly or recklessly caused the death of any individual, he may be found guilty of a felony, fined and imprisoned up to life. If the defendant's actions were the product of a conspiracy and no person was knowingly or recklessly killed, he may be charged with a felony, fined, and imprisoned up to 20 years. For all other cases involving a violation of this statute, one may be charged with a felony, fined, and imprisoned up to 10 years.
Biological Weapons (18 U.S.C. §§ 175-175b)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant developed, produced, stockpiled, transferred, or possessed any biological agent or delivery system designed for use as a weapon **; or
2. That the defendant assisted, or conspired to assist, any foreign power to develop, produce, stockpile, transfer, or possess biological weapons;
3. That the defendant acted knowingly.
** A biological weapon is defined generally as any biological agent, toxin, or delivery system which, under the circumstances, may not reasonably be used in any normal or peaceful way (prophylactic, research, etc.) For a more specific definition see: 18 U.S.C. § 178.
Potential Punishment:
One may be found guilty of a felony, fined and imprisoned for up to life, unless death occurs, at which point the defendant may face the death penalty.
The Intelligence Reform and Terrorism Prevention Act of 2004 also created a new law which makes it unlawful to use, disseminate, acquire, or attempt to do any of the above, any amount of the variola virus (18 U.S.C. § 175(c)). Punishment for the crime carries between 30 years to life in prison.
Chemical Weapons (18 U.S.C. §§ 229-229F)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant acquired, transferred, received, possessed, or used any chemical weapon**; or
2. That the defendant conspired, assisted or induced the acquisition, transferal, receipt, stockpiling, or use of any chemical weapon;
3. That the defendant acted knowingly.
** A chemical weapon is defined generally as a toxic chemical, munition, device, equipment, or precursor which is of the potency or quantity inconsistent with legitimate use, or otherwise not intended for such use. For a more specific definition see: 18 U.S.C. § 299F or the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction, 1993.
Potential Punishment:
One may be found guilty of a felony, fined and imprisoned for up to life, unless death occurs, at which point the defendant may face the death penalty.
When one is charged under this statute, the AUSA will seek an indictment from a Federal Grand Jury and include charges under other federal statutes, like Terrorism, Treason, Sabotage, or Subversion, and is likely to couple those charges with lesser included offenses such as False Statements or Obstruction of Justice where applicable. Should the government decide not to immediately seek indictment, one may be held under the Material Witness statute or, if related to any ongoing war (including the War on Terrorism) may be held through Combatant Detention.