2006 New York Code - 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.