EO 13387 Title 3--The President (a) That the accused communicated certain language; (b) That the information communicated amounted to a threat; (c) That the harm threatened was to be done by means of an explosive; weapon of mass destruction; biological or chemical agent, substance, or weapon; or hazardous material; (d) That the communication was wrongful; and (e) That, under the circumstances, the conduct of the accused was to the preiudice of good order and discipline in the armed forces or was of a na- ture to bring discredit upon the armed forces. (2) Hoax. (a) That the accused communicated or conveyed certain information; (b) That the information communicated or conveyed concerned an at- tempt being made or to be made by means of an explosive; weapon of mass destruction; biological or chemical agent, substance, or weapon; or haz- ardous material to unlawfully kill, injure, or intimidate a person or to un- lawfully damage or destroy certain property; (c) That the information communicated or conveyed by the accused was false and that the accused then knew it to be false; (d) That the communication of the information by the accused was mali- cious; and (e) That, under the circumstances, the conduct of the accused was to the preiudice of good order and discipline in the armed forces or was of a na- ture to bring discredit upon the armed forces. c. Explanation. (1) Threat. A "threat" means an expressed present determination or in- tent to kill, injure, or intimidate a person or to damage or destroy certain property presently or in the future. Proof that the accused actually intended to kill, injure, intimidate, damage, or destroy is not required. (2) Explosive. "Explosive" means gunpowder, powders used for blasting, a]] forms of high explosives, blasting materiMs, fuses (other than electrical circuit breakers), detonators, and other detonating agents, smoke]ess pow- ders, any explosive bomb, grenade, missfie, or similar device, and any in- cendiary bomb or grenade, fire bomb, or similar device, and any other ex- plosive compound, mixture, or similar material (3) Weapon of mass destruction. A weapon of mass destruction means any device, explosive or otherwise, that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the re]ease, dissemination, or impact off toxic or poisonous chemi- cals, or their precursors; a disease organism; or radiation or radioactivity. (4) Biological agent. The term "biological agent" means 12 any micro-or- ganism (including bacteria, viruses, fungi, rickettsiac, or protozoa), patho- gen, or infectious substance, and any naturally occurring, hieengineered, or synthesized component of any such micro-organism, pathogen, or infec- tious substance, whatever its origin or method of production, that is capa- ble of causing-- 184
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