NY Penal L § 490.05 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title Y-1 - Enacted Without Title Heading. Article 490 - Terrorism 490.05 - Definitions.

§ 490.05 Definitions.   As used in this article, the following terms shall mean and include:   1. "Act of terrorism":  (a)  for  purposes of this article means an act or acts constituting a specified offense as defined in subdivision three of  this  section  for which  a  person  may  be convicted in the criminal courts of this state pursuant to article twenty of the criminal procedure law, or an  act  or acts constituting an offense in any other jurisdiction within or outside the  territorial  boundaries  of the United States which contains all of the essential elements of a specified offense, that is intended to:  (i) intimidate or coerce a civilian population;  (ii) influence the policy of a unit of government by  intimidation  or coercion; or  (iii)   affect  the  conduct  of  a  unit  of  government  by  murder, assassination or kidnapping; or  (b)  for  purposes  of  subparagraph  (xiii)  of  paragraph   (a)   of subdivision  one of section 125.27 of this chapter means activities that involve a violent act or acts  dangerous  to  human  life  that  are  in violation of the criminal laws of this state and are intended to:  (i) intimidate or coerce a civilian population;  (ii)  influence  the policy of a unit of government by intimidation or coercion; or  (iii)  affect  the  conduct  of  a  unit  of  government  by   murder, assassination or kidnapping.   2.  "Material  support or resources" means currency or other financial securities, financial services,  lodging,  training,  safehouses,  false documentation  or  identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel,  transportation,  and other physical assets, except medicine or religious materials.   3.  (a) "Specified offense" for purposes of this article means a class A felony offense other than an offense as defined in article two hundred twenty,  a  violent  felony  offense  as  defined  in   section   70.02, manslaughter in the second degree as defined in section 125.15, criminal tampering  in  the  first  degree as defined in section 145.20, identity theft in the second degree as defined in section 190.79, identity  theft in the first degree as defined in section 190.80, unlawful possession of personal  identification  information in the second degree as defined in section  190.82,  unlawful   possession   of   personal   identification information  in  the  first  degree  as defined in section 190.83, money laundering in support of terrorism in the fourth degree  as  defined  in section  470.21,  money  laundering in support of terrorism in the third degree as defined in section 470.22,  money  laundering  in  support  of terrorism  in  the  second  degree  as  defined in section 470.23, money laundering in support of terrorism in the first  degree  as  defined  in section 470.24 of this chapter, and includes an attempt or conspiracy to commit any such offense.  (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this subdivision, a specified offense shall not mean an  offense  defined  in sections  490.37,  490.40,  490.45,  490.47,  490.50, and 490.55 of this article, nor shall a specified offense mean an  attempt  to  commit  any such offense.   4.  "Renders  criminal assistance" for purposes of sections 490.30 and 490.35 of this article shall have the same meaning as in section  205.50 of this chapter.   5.  "Biological  agent"  means  any  micro-organism, virus, infectious substance, or biological product that may be engineered as a  result  of biotechnology,  or any naturally occurring or bioengineered component of  any such micro-organism,  virus,  infectious  substance,  or  biological product, capable of causing:  (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 material  of any kind; or  (c) deleterious alteration of the environment.   6.   "Toxin"   means   the   toxic   material   of   plants,  animals, micro-organisms,  viruses,  fungi,  or  infectious  substances,   or   a recombinant  molecule,  whatever  its  origin  or  method of production, including:  (a)  any  poisonous  substance  or  biological  product  that  may  be engineered  as  a result of biotechnology produced by a living organism; or  (b) any poisonous isomer or biological product, homolog, or derivative of such a substance.   7. "Delivery system" means:  (a)  any  apparatus,  equipment,  device,   or   means   of   delivery specifically  designed  to  deliver  or  disseminate a biological agent, toxin, or vector; or  (b) any vector.   8.  "Vector"  means  a  living  organism,  or  molecule,  including  a recombinant  molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.   9. "Biological weapon" means any biological agent, toxin,  vector,  or delivery system or combination thereof.   10. "Chemical weapon" means the following, together or separately:  (a) a toxic chemical or its precursors;  (b) a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which  would  be released as a result of the employment of such munition or device;  (c) any equipment specifically designed for use directly in connection with the employment of munitions or devices; or  (d) any device that is designed to release radiation or  radioactivity at a level dangerous to human life.   11.  "Precursor"  means  any  chemical reactant that takes part at any stage in  the  production  by  whatever  method  of  a  toxic  chemical, including  any  key  component  of  a  binary or multicomponent chemical system,  and  includes  precursors  which  have  been   identified   for application  of verification measures under article VI of the convention in schedules contained in the annex on chemicals of the chemical weapons convention.   12. "Key component of a  binary  or  multicomponent  chemical  system" means  the  precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with  other chemicals in the binary or multicomponent system.   13.  "Toxic  chemical"  means  any chemical which through its chemical action on life processes can cause death,  serious  physical  injury  or permanent  harm  to  humans  or  animals,  including all such chemicals, regardless of their  origin  or  of  their  method  of  production,  and regardless  of  whether they are produced in facilities, in munitions or elsewhere, and includes toxic chemicals which have  been  identified  by the  commissioner  of health and included on the list of toxic chemicals pursuant to subdivision twenty of section two hundred six of the  public health law.    14. The terms "biological agent", "toxin", and "toxic chemical" do not include  any  biological  agent,  toxin or toxic chemical that is in its naturally occurring environment, if the biological agent, toxin or toxic chemical has not been cultivated, collected, or otherwise extracted from its natural source.   15.  "Select  chemical  agent"  shall mean a chemical weapon which has been identified  in  regulations  promulgated  pursuant  to  subdivision twenty of section two hundred six of the public health law.   16. "Select biological agent" shall mean a biological weapon which has been  identified  in  regulations  promulgated  pursuant  to subdivision twenty-one of section two hundred six of the public health law.   17. "Chemical weapons convention" and "convention" mean the convention on the prohibition of the development, production, stockpiling  and  use of  chemical  weapons  and on their destruction, opened for signature on January thirteenth, nineteen hundred ninety-three.