U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 11B— CHEMICAL WEAPONS

18 U.S.C. § 229F

Definitions

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In this chapter:(1)Chemical weapon.—The term “chemical weapon” means the following, together or separately:(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).(2)Chemical weapons convention; convention.—The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.(3)Key component of a binary or multicomponent chemical system.—The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.(4)National of the united states.—The term “national of the United States” has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).(5)Person.—The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.(6)Precursor.—(A)In general.—The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.(B)List of precursors.—Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.(7)Purposes not prohibited by this chapter.—The term “purposes not prohibited by this chapter” means the following:(A)Peaceful purposes.—Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.(B)Protective purposes.—Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.(C)Unrelated military purposes.—Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.(D)Law enforcement purposes.—Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.(8)Toxic chemical.—(A)In general.—The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.(B)List of toxic chemicals.—Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.(9)United states.—The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—(A) any of the places within the provisions of paragraph (41) 11 See References in Text note below. of section 40102 of title 49, United States Code;(B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),1 respectively, of section 40102 of title 49, United States Code; and(C) any vessel of the United States, as such term is defined in section 70502(b) of title 46, United States Code.(Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869; amended Pub. L. 109–304, § 17(d)(1), Oct. 6, 2006, 120 Stat. 1707.)Editorial NotesReferences in Text

Paragraphs (17), (37), and (41) of section 40102 of title 49, referred to in par. (9)(A), (B), probably means paragraphs (17), (37), and (41) of subsection (a) of section 40102 of title 49. Paragraphs (37) and (41) were subsequently redesignated as (41) and (46), respectively, by Pub. L. 108–176, title II, § 225(a)(1), (3), Dec. 12, 2003, 117 Stat. 2528.

Amendments

2006—Par. (9)(C). Pub. L. 109–304 substituted “section 70502(b) of title 46, United States Code” for “section 3(b) of the Maritime Drug Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b))”.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2009–2023 · leading case: United States v. Ghane, 673 F.3d 771 (8th Cir. 2012).
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United States v. Ghane, 673 F.3d 771 (8th Cir. 2012). · cites it 6× “" 18 U.S.C. § 229F(1)(A) (emphasis added). "Toxic chemical" is defined by the statute as "any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals.”
United States v. Jordie Callahan, 801 F.3d 606 (6th Cir. 2015). “See 18 U.S.C. §§ 229F(1), (7)-(8). The Court rejected that argument and characterized the case as “an amateur attempt by a jilted wife to injure her husband’s lover, which ended up causing only a minor thumb burn readily treated by rinsing with water.”
United States v. Todd Fries, 781 F.3d 1137 (9th Cir. 2015). · cites it 2× “18 U.S.C. § 229F. In turn, a toxic chemical is defined as “[a]ny chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals.”
United States v. Bond, 681 F.3d 149 (3rd Cir. 2012). · cites it 2× “" 18 U.S.C. § 229F(7)(A) (emphasis added). Bond's attacks on Haynes— even if non-warlike—were certainly not "related to an industrial, agricultural, research, medical, or pharmaceutical activity.”
United States v. Bond, 581 F.3d 128 (3rd Cir. 2009). “at 28 (quoting 18 U.S.C. § 229F(8)(A)). A statute is unconstitutionally overbroad if it “does not aim specifically at the evils within the allowable area of control by the government, but .”
United States v. Kimber, 777 F.3d 553 (2d Cir. 2015). “Section 229 clearly extends to commercially available chemicals by exempting some chemicals covered by the Implementation Act when they are used for “peaceful purpose[s] related to an industrial, agricultural, research, medical or pharmaceutical activity.”
United States v. Jeff Levenderis, 806 F.3d 390 (6th Cir. 2015). “” Compare 18 U.S.C. § 229F with 18 U.S.C. § 175 (c).”
Griffin v. Bryant, 30 F. Supp. 3d 1139 (D.N.M. 2014). “18 U.S.C. § 229F(1). See 134 S.Ct. at 2093-96 (Scalia, J.”
United States v. Todd Fries, 796 F.3d 1112 (9th Cir. 2015). “ve, stockpile, retain, own, possess, use, and threaten to use a chemical weapon, namely a combination of a chlorinated cyanuric acid and an unknown reactive chemical component, which when combined, created airborne toxic chemicals, including chlorine not intended for peaceful…”
Painadath v. Good Shepherd Penn Partners (E.D. Pa. 2023). “” 18 U.S.C. § 229F. Painadath found the Naropin at a nursing facility, and he does not allege any facts that could support an inference that it was present for a non-medical reason.”
United States v. Kimber (2d Cir. 2015). “Section 229 5 clearly extends to commercially available chemicals by exempting some 6 chemicals covered by the Implementation Act when they are used for “peaceful 7 purpose[s] related to an industrial, agricultural, research, medical or 8 pharmaceutical activity.”
— 18 U.S.C. § 229F(1) — 2 cases
United States v. Jordie Callahan, 801 F.3d 606 (6th Cir. 2015). “See 18 U.S.C. §§ 229F(1), (7)-(8). The Court rejected that argument and characterized the case as “an amateur attempt by a jilted wife to injure her husband’s lover, which ended up causing only a minor thumb burn readily treated by rinsing with water.”
Griffin v. Bryant, 30 F. Supp. 3d 1139 (D.N.M. 2014). “18 U.S.C. § 229F(1). See 134 S.Ct. at 2093-96 (Scalia, J.”
— 18 U.S.C. § 229F(1)(A) — 1 case
United States v. Ghane, 673 F.3d 771 (8th Cir. 2012). “" 18 U.S.C. § 229F(1)(A) (emphasis added). "Toxic chemical" is defined by the statute as "any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals.”
— 18 U.S.C. § 229F(7) — 2 cases
United States v. Todd Fries, 781 F.3d 1137 (9th Cir. 2015). “18 U.S.C. § 229F. In turn, a toxic chemical is defined as “[a]ny chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals.”
United States v. Todd Fries, 796 F.3d 1112 (9th Cir. 2015). “ve, stockpile, retain, own, possess, use, and threaten to use a chemical weapon, namely a combination of a chlorinated cyanuric acid and an unknown reactive chemical component, which when combined, created airborne toxic chemicals, including chlorine not intended for peaceful…”
— 18 U.S.C. § 229F(7)(A) — 4 cases
United States v. Ghane, 673 F.3d 771 (8th Cir. 2012). “" 18 U.S.C. § 229F(1)(A) (emphasis added). "Toxic chemical" is defined by the statute as "any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals.”
United States v. Bond, 681 F.3d 149 (3rd Cir. 2012). “" 18 U.S.C. § 229F(7)(A) (emphasis added). Bond's attacks on Haynes— even if non-warlike—were certainly not "related to an industrial, agricultural, research, medical, or pharmaceutical activity.”
United States v. Kimber, 777 F.3d 553 (2d Cir. 2015). “Section 229 clearly extends to commercially available chemicals by exempting some chemicals covered by the Implementation Act when they are used for “peaceful purpose[s] related to an industrial, agricultural, research, medical or pharmaceutical activity.”
United States v. Kimber (2d Cir. 2015). “Section 229 5 clearly extends to commercially available chemicals by exempting some 6 chemicals covered by the Implementation Act when they are used for “peaceful 7 purpose[s] related to an industrial, agricultural, research, medical or 8 pharmaceutical activity.”
— 18 U.S.C. § 229F(8)(A) — 1 case
United States v. Bond, 581 F.3d 128 (3rd Cir. 2009). “at 28 (quoting 18 U.S.C. § 229F(8)(A)). A statute is unconstitutionally overbroad if it “does not aim specifically at the evils within the allowable area of control by the government, but .”
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