(a) Offense defined.--A person commits an offense if the person intentionally, knowingly or recklessly manufactures, sells, purchases, transports or causes another to transport, delivers or causes another to deliver, possesses or uses a facsimile weapon of mass destruction and by such action causes any of the following:
(1) Terrifying, intimidating, threatening or harassing an individual.
(2) Alarm or reaction on the part of any of the following:
(i) A public or volunteer organization that deals with emergencies involving danger to life or property.
(ii) A law enforcement organization.
(3) Serious public inconvenience not limited to the evacuation of a building, place of assembly or facility of public transportation.
(b) Grading.--An offense under this section is a felony of the third degree.
(b.1) Restitution.--A person convicted of violating this section shall, in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing generally), be sentenced to pay restitution in an amount equal to the cost of the evacuation, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly or facility.
(b.2) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.
(b.3) Enforcement.--
(1) In addition to the authority conferred upon the Attorney General under sections 205 and 206 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General has the authority to investigate and to institute criminal proceedings for a violation of this section committed:
(i) anywhere in this Commonwealth;
(ii) in different counties; or
(iii) in this Commonwealth and another jurisdiction.
(2) Each district attorney has the authority to investigate and to institute criminal proceedings for a violation of this section.
(b.4) Jurisdiction.--No person charged with a violation of this section shall have standing to challenge the authority of the Attorney General under subsection (g)(1). If a challenge is made in violation of this subsection, the challenge shall be dismissed, and no relief shall be available in the courts of this Commonwealth to the person making the challenge.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Facsimile biological agent." A material or substance which:
(1) resembles in appearance and external qualities a natural or genetically engineered pathogen, toxin, virus, bacteria, prion, fungus or microorganism which causes infections, disease or bodily harm; but
(2) does not have the capacity to cause infectious disease or bodily harm.
"Facsimile bomb." A device which:
(1) resembles in appearance and external qualities an explosive or incendiary device; but
(2) does not have the capability to cause an explosion or fire.
"Facsimile chemical agent." A material or substance which does not have the capacity to cause death or bodily harm but which resembles in appearance and external qualities any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB), soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC), cyanogen chloride (CK) and arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Nitrogen mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes death or bodily harm.
"Facsimile nuclear agent." A device, material or substance which:
(1) resembles in appearance and external qualities a radioactive material; but
(2) is not radioactive.
"Facsimile weapon of mass destruction." A facsimile biological agent, facsimile bomb, facsimile chemical agent or facsimile nuclear agent.
(Oct. 31, 1997, P.L.491, No.50, eff. 60 days; June 28, 2002, P.L.481, No.82, eff. 60 days)
Cross References. Section 5516 is referred to in sections 5708, 6105 of this title.