§ 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.
NYSentencing