Page:Title 3 CFR 2005 Compilation.djvu/198

 Executive Orders EO 13387 (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. (5) Chemical agent, substance, or weapon. 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 of the em- ployment of such munition or device, and any equipment specifically de- signed for use directly in connection with the employment of such muni- tions or devices. (6) Hazardous material. A substance or material (including explosive, ra- dioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas, or mix- ture thereof) or a group or class of material designated as hazardous by the Secretary of Transportation. (7) 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. Lesser included of Jbnses. (1) Threat (a) Article 134--communicating a threat (b) Article 80--attempts (c) Article \17728--assault (2) Hoax. Article 80--attempts e. Maximum punishment. Dishonorable discharge, forfeitures of all pay and allowances, and confinement for \1770 years. f. Sample specifications. (\177) Threat. In that __ (personal jurisdiction data) did, (at/on board--location) 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)]. (2) Hoax. In that __ (personal jurisdiction data) did, (at/on board--location), on or about __20__, maliciously (communicate) (convey) certain infor- mation concerning an attempt being made or to be made to unlawfully [(kill) (injure) (intimidate) __] [(damage) (destroy) ] by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or (a) hazardous mate- rial(s)], to wit:, which information was false and which the accused then knew to be false." 185

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