2023 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.