{"data":{"id":"us-nc/n.c.-gen.-stat.-14-288.21","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 14-288.21","heading":"Unlawful manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of a nuclear, biological, or chemical weapon of mass destruction; exceptions; punishment.","body":"(a)\tExcept as otherwise provided in this section, it is unlawful for any person to knowingly manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire a nuclear, biological, or chemical weapon of mass destruction.\n(b)\tThis section does not apply to:\n(1)\tPersons listed in G.S. 14-269(b) with respect to any activities lawfully engaged in while carrying out their duties.\n(2)\tPersons under contract with, or working under the direction of, the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts or pursuant to lawful direction.\n(3)\tPersons lawfully engaged in the development, production, manufacture, assembly, possession, transport, sale, purchase, delivery or acquisition of any biological agent, disease organism, toxic or poisonous chemical, radioactive substance or their immediate precursors, for preventive, protective, or other peaceful purposes.\n(4)\tPersons lawfully engaged in accepted agricultural, horticultural, or forestry practices; aquatic weed control; or structural pest and rodent control, in a manner approved by the federal, State, county, or local agency charged with authority over such activities.\n(c)\tThe term \"nuclear, biological, or chemical weapon of mass destruction\", as used in this Article, means any of the following:\n(1)\tAny weapon, device, or method that is designed or has the capability to cause death or serious injury through the release, dissemination, or impact of:\na.\tRadiation or radioactivity;\nb.\tA disease organism; or\nc.\tToxic or poisonous chemicals or their immediate precursors.\n(2)\tAny substance that is designed or has the capability to cause death or serious injury and:\na.\tContains radiation or radioactivity;\nb.\tIs or contains toxic or poisonous chemicals or their immediate precursors; or\nc.\tIs or contains one or more of the following:\n1.\tAny select agent that is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listed in Appendix A of Part 72 of Title 42 of the Code of Federal Regulations.\n2.\tAny genetically modified microorganisms or genetic elements from an organism on Appendix A of Part 72 of Title 42 of the Code of Federal Regulations, shown to produce or encode for a factor associated with a disease.\n3.\tAny genetically modified microorganisms or genetic elements that contain nucleic acid sequences coding for any of the toxins listed on Appendix A of Part 72 of Title 42 of the Code of Federal Regulations, or their toxic submits.\nThe term \"nuclear, biological, or chemical weapon of mass destruction\" also includes any combination of parts or substances either designed or intended for use in converting any device or substance into any nuclear, biological, or chemical weapon of mass destruction or from which a nuclear, biological, or chemical weapon of mass destruction may be readily assembled or created.\n(d)\tAny person who violates any provision of this section is guilty of a Class B1 felony. (2001-470, s. 1.)","path":["Chapter 14. Criminal Law.","SUBCHAPTER X. OFFENSES AGAINST THE PUBLIC SAFETY.","Article 36B. Nuclear, Biological, or Chemical Weapons of Mass Destruction."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-288.21.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:32Z","sha256":"24b09850390dda391b231b516dead253b9704803a6510b20b220ef79ea60ff19","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-14-288.20a","next":"us-nc/n.c.-gen.-stat.-14-288.22"},"notice":"GroundRules: Original legal text. Not legal advice."}