Criminal (civilian)
For the purposes of US criminal law concerning terrorism,[29] weapons of mass destruction are defined as:
any "destructive device" defined as any explosive, incendiary, or poison gas - bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any of the devices described in the preceding clauses[30]
any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors
any weapon involving a biological agent, toxin, or vector
any weapon that is designed to release radiation or radioactivity at a level dangerous to human life[31]
The Federal Bureau of Investigation's definition is similar to that presented above from the terrorism statute:[32]
any "destructive device" as defined in Title 18 USC Section 921: any explosive, incendiary, or poison gas - bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any of the devices described in the preceding clauses
any weapon designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors
any weapon involving a disease organism
any weapon designed to release radiation or radioactivity at a level dangerous to human life
any device or weapon designed or intended to cause death or serious bodily injury by causing a malfunction of or destruction of an aircraft or other vehicle that carries humans or of an aircraft or other vehicle whose malfunction or destruction may cause said aircraft or other vehicle to cause death or serious bodily injury to humans who may be within range of the vector in its course of travel or the travel of its debris.
Indictments and convictions for possession and use of WMD such as truck bombs,[33] pipe bombs,[34] shoe bombs,[35] and cactus needles coated with botulin toxin[citation needed] have been obtained under 18 USC 2332a.
As defined by 18 USC §2332 (a), a Weapon of Mass Destruction is:
(a) any destructive device as defined in section 921 of the title;
(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
(C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or
(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;
Under the same statute, conspiring,attempting, threatening, or using a Weapon of Mass Destruction may be imprisoned for any term of years or for life, and if by death, be punishable by death or by imprisonment for any terms of years or for life. They can also be asked to pay a maximum fine of $250,000.[36]
The Washington Post reported on 30 March 2006: "Jurors asked the judge in the death penalty trial of Zacarias Moussaoui today to define the term 'weapons of mass destruction' and were told it includes airplanes used as missiles". Moussaoui was indicted and tried for the use of airplanes as WMD.
The surviving Boston Marathon bombing suspect, Dzhokhar Tsarnaev, was charged in April 2013 with the federal offense of "use of a weapon of mass destruction" after he and his brother allegedly placed crude shrapnel bombs, made from pressure cookers packed with ball bearings and nails, near the finish line of Boston's most famous race. His alleged terrorist act resulted in three deaths and at least 282 injuries.