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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10235
injury to a significant number of people through the release, dissemination, or impact of: toxic or
poisonous chemicals, or their precursors; a disease organism; or radiation or radioactivity.
(5)Biological agent. The term "biological agent" means any microorganism (including
bacteria, viruses, fungi, rickettsiae, or protozoa), pathogen, or infectious substance, and any
naturally occurring, bioengineered, or synthesized component of any such micro-organism,
pathogen, or infectious substance, whatever its origin or method of production, that is capable of
causmg-
(a) death, disease, or other biological malfunction in a human, an
animal, a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or materials of
any kind; or
(c) deleterious alteration of the environment.
(6) Chemical agent, substance, or 1veapon. A "chemical agent, substance, or weapon"
refers to a toxic chemical and its precursors or a munition or device, specifically designed to
cause death or other harm through toxic properties of those chemicals that would be released as a
result ofthe employment of such munition or device, and any equipment specifically designed
for use directly in connection with the employment of such munitions or devices.
(7) Hazardous material. A substance or material (including explosive, radioactive
material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or
corrosive material, and compressed gas, or mixture thereoi) or a group or class of material
designated as hazardous by the Secretary of Transportation.
(8)Malicious. A communication is malicious if the accused believed that the information
would probably interfere with the peaceful use of the building, vehicle, aircraft, or other property
concerned, or would cause fear or concern to one or more persons.
d. Maximum punishment.
( 1) l11reats and fal~·e threats generally. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 3 years.
(2) Threats and false threats concerning use of explosives, etc. Dishonorable discharge,
forfeitures of all pay and allowances, and confinement for 10 years.
e. Sample specifications.
( 1) Threats generally.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter juri sdi cti on data, if required), on or about __ 20 _, wrongfully communicate to
_____ a threat (to injure __ by_) (to accuse __ of having committed the
offense of_)(_).
(2) Threats concerning use ofexplosives, etc.
In that (personal jurisdiction data) did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _, wrongfully communicate certain
information, to wit: , which language constituted a threat to harm a person or
property by means of a(n) [explosive; weapon of mass destruction; biological agent, substance,
or weapon; chemical agent, substance, or weapon; and/or (a) hazardous material(s)]
(3) False threats concerning use of explosives, etc.
In that (personal jurisdiction data) did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _,maliciously (communicate)
(convey) certain information concerning an attempt being made or to be made to unlawfully
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] by means ofa(n)
] [(damage) (destroy)
[(kill) (injure) (intimidate)
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