N.Y. Penal Law § 490.05

§ 490.05 Definitions.\n As used in this article, the following terms shall mean and include:\n 1. "Act of terrorism":\n (a) for purposes of this article means an act or acts constituting a\nspecified offense as defined in subdivision three of this section for\nwhich a person may be convicted in the criminal courts of this state\npursuant to article twenty of the criminal procedure law, or an act or\nacts constituting an offense in any other jurisdiction within or outside\nthe territorial boundaries of the United States which contains all of\nthe essential elements of a specified offense, that is intended to:\n (i) intimidate or coerce a civilian population;\n (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n (iii) affect the conduct of a unit of government by murder,\nassassination or kidnapping; or\n (b) for purposes of subparagraph (xiii) of paragraph (a) of\nsubdivision one of section 125.27 of this chapter means activities that\ninvolve a violent act or acts dangerous to human life that are in\nviolation of the criminal laws of this state and are intended to:\n (i) intimidate or coerce a civilian population;\n (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n (iii) affect the conduct of a unit of government by murder,\nassassination or kidnapping.\n 2. "Material support or resources" means currency or other financial\nsecurities, financial services, lodging, training, safehouses, false\ndocumentation or identification, communications equipment, facilities,\nweapons, lethal substances, explosives, personnel, transportation, and\nother physical assets, except medicine or religious materials.\n 3. (a) "Specified offense" for purposes of this article means a class\nA felony offense other than an offense as defined in article two hundred\ntwenty, a violent felony offense as defined in section 70.02,\nmanslaughter in the second degree as defined in section 125.15, criminal\ntampering in the first degree as defined in section 145.20, identity\ntheft in the second degree as defined in section 190.79, identity theft\nin the first degree as defined in section 190.80, unlawful possession of\npersonal identification information in the second degree as defined in\nsection 190.82, unlawful possession of personal identification\ninformation in the first degree as defined in section 190.83, money\nlaundering in support of terrorism in the fourth degree as defined in\nsection 470.21, money laundering in support of terrorism in the third\ndegree as defined in section 470.22, money laundering in support of\nterrorism in the second degree as defined in section 470.23, money\nlaundering in support of terrorism in the first degree as defined in\nsection 470.24 of this chapter, and includes an attempt or conspiracy to\ncommit any such offense.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a specified offense shall not mean an offense defined in\nsections 490.37, 490.40, 490.45, 490.47, 490.50, and 490.55 of this\narticle, nor shall a specified offense mean an attempt to commit any\nsuch offense.\n 4. "Renders criminal assistance" for purposes of sections 490.30 and\n490.35 of this article shall have the same meaning as in section 205.50\nof this chapter.\n 5. "Biological agent" means any micro-organism, virus, infectious\nsubstance, or biological product that may be engineered as a result of\nbiotechnology, or any naturally occurring or bioengineered component of\nany such micro-organism, virus, infectious substance, or biological\nproduct, capable of causing:\n (a) death, disease, or other biological malfunction in a human, an\nanimal, a plant, or another living organism;\n (b) deterioration of food, water, equipment, supplies, or material of\nany kind; or\n (c) deleterious alteration of the environment.\n 6. "Toxin" means the toxic material of plants, animals,\nmicro-organisms, viruses, fungi, or infectious substances, or a\nrecombinant molecule, whatever its origin or method of production,\nincluding:\n (a) any poisonous substance or biological product that may be\nengineered as a result of biotechnology produced by a living organism;\nor\n (b) any poisonous isomer or biological product, homolog, or derivative\nof such a substance.\n 7. "Delivery system" means:\n (a) any apparatus, equipment, device, or means of delivery\nspecifically designed to deliver or disseminate a biological agent,\ntoxin, or vector; or\n (b) any vector.\n 8. "Vector" means a living organism, or molecule, including a\nrecombinant molecule, or biological product that may be engineered as a\nresult of biotechnology, capable of carrying a biological agent or toxin\nto a host.\n 9. "Biological weapon" means any biological agent, toxin, vector, or\ndelivery system or combination thereof.\n 10. "Chemical weapon" means the following, together or separately:\n (a) a toxic chemical or its precursors;\n (b) a munition or device specifically designed to cause death or other\nharm through the toxic properties of a toxic chemical or its precursors,\nwhich would be released as a result of the employment of such munition\nor device;\n (c) any equipment specifically designed for use directly in connection\nwith the employment of munitions or devices; or\n (d) any device that is designed to release radiation or radioactivity\nat a level dangerous to human life.\n 11. "Precursor" means any chemical reactant that takes part at any\nstage in the production by whatever method of a toxic chemical,\nincluding any key component of a binary or multicomponent chemical\nsystem, and includes precursors which have been identified for\napplication of verification measures under article VI of the convention\nin schedules contained in the annex on chemicals of the chemical weapons\nconvention.\n 12. "Key component of a binary or multicomponent chemical system"\nmeans the precursor which plays the most important role in determining\nthe toxic properties of the final product and reacts rapidly with other\nchemicals in the binary or multicomponent system.\n 13. "Toxic chemical" means any chemical which through its chemical\naction on life processes can cause death, serious physical injury or\npermanent harm to humans or animals, including all such chemicals,\nregardless of their origin or of their method of production, and\nregardless of whether they are produced in facilities, in munitions or\nelsewhere, and includes toxic chemicals which have been identified by\nthe commissioner of health and included on the list of toxic chemicals\npursuant to subdivision twenty of section two hundred six of the public\nhealth law.\n 14. The terms "biological agent", "toxin", and "toxic chemical" do not\ninclude any biological agent, toxin or toxic chemical that is in its\nnaturally occurring environment, if the biological agent, toxin or toxic\nchemical has not been cultivated, collected, or otherwise extracted from\nits natural source.\n 15. "Select chemical agent" shall mean a chemical weapon which has\nbeen identified in regulations promulgated pursuant to subdivision\ntwenty of section two hundred six of the public health law.\n 16. "Select biological agent" shall mean a biological weapon which has\nbeen identified in regulations promulgated pursuant to subdivision\ntwenty-one of section two hundred six of the public health law.\n 17. "Chemical weapons convention" and "convention" mean the convention\non the prohibition of the development, production, stockpiling and use\nof chemical weapons and on their destruction, opened for signature on\nJanuary thirteenth, nineteen hundred ninety-three.\n