11418
. (a) (1) Any person, without lawful authority, who possesses,
develops, manufactures, produces, transfers, acquires, or retains
any weapon of mass destruction, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 for 4, 8, or 12 years.
(2) Any person who commits a violation of paragraph (1) and who
has been previously convicted of Section 11411, 11412, 11413, 11418,
11418.1, 11418.5, 11419, 11460, 18715, 18725, or 18740 shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
for 5, 10, or 15 years.
(b) (1) Any person who uses or directly employs against another
person a weapon of mass destruction in a form that may cause
widespread, disabling illness or injury in human beings shall be
punished by imprisonment in the state prison for life.
(2) Any person who uses or directly employs against another person
a weapon of mass destruction in a form that may cause widespread
great bodily injury or death and causes the death of any human being
shall be punished by imprisonment in the state prison for life
without the possibility of parole. Nothing in this paragraph shall
prevent punishment instead under Section 190.2.
(3) Any person who uses a weapon of mass destruction in a form
that may cause widespread damage to or disruption of the food supply
or "source of drinking water" as defined in subdivision (d) of
Section 25249.11 of the Health and Safety Code shall be punished by
imprisonment in the state prison for 5, 8, or 12 years and by a fine
of not more than one hundred thousand dollars ($100,000).
(4) Any person who maliciously uses against animals, crops, or
seed and seed stock, a weapon of mass destruction in a form that may
cause widespread damage to or substantial diminution in the value of
stock animals or crops, including seeds used for crops or product of
the crops, shall be punished by imprisonment in the state prison for
4, 8, or 12 years and by a fine of not more than one hundred thousand
dollars ($100,000).
(c) Any person who uses a weapon of mass destruction in a form
that may cause widespread and significant damage to public natural
resources, including coastal waterways and beaches, public parkland,
surface waters, ground water, and wildlife, shall be punished by
imprisonment in the state prison for three, four, or six years.
(d) (1) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (b)
shall be punished by imprisonment in the state prison for 4, 8, or 12
years and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
(2) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (c)
shall be punished by imprisonment in the state prison for three, six,
or nine years and by a fine of not more than two hundred fifty
thousand dollars ($250,000).
(e) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.