76-15-302. Unlawful manufacture, possession, sale, use, or attempted use of a weapon of mass destruction.
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/ut/title-76/chapter-15/76-15-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
76-15-302. Unlawful manufacture, possession, sale, use, or attempted use of a weapon of mass destruction.
(1)Terms defined in Sections 76-1-101.5 , 76-15-101 , and 76-15-301 apply to this section.
(2)An actor commits unlawful manufacture, possession, sale, use, or attempted use of a weapon of mass destruction if the actor, without lawful authority, intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use a weapon of mass destruction or a delivery system for a weapon of mass destruction, including any biological agent, toxin, vector, or delivery system.
(3)A violation of Subsection
(2)is a first degree felony.
(4)In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity, for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(5)This section does not apply to a member or employee of the armed forces of the United States, allied armed forces personnel, a federal or state governmental agency, or a private entity, who is engaged in lawful activity within the scope of the actor's employment, if the actor is authorized or licensed to manufacture, possess, sell, deliver, display, or otherwise engage in activity relative to this section, and if the actor is in compliance with applicable federal and state law.
Renumbered and Amended by Chapter 173 , 2025 General Session